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ESTHER LABOSO
V.
SOLOMON ODIRA OKELLO & ANOR

(2022) JELR 113292 (CA)

Court of Appeal 16 Nov 2022 Kenya
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Case Details

Suit Number:Civil Appeal 294 of 2018
Judges:PO Kiage, JA M Ngugi, JA F Tuiyott, JA
Location:Eldoret

Judgment

JUDGMENT OF F. TUIYOTT JA

  1. This is a first appeal.

  2. Land parcel described and registered as Uasin Gishu/ilula/257 (the suit land) measures 5 acres and is currently registered in the name of Fridah Bilha Mulwale Shiroya (Fridah or the 2nd respondent). Fridah bought the suit land from Solomon Odira Okello (Solomon or the 1st respondent) through a sale agreement dated December 6, 2008. The sale agreement indicates the purchase price to be Kenya Shillings 800,000.00

  3. The current and erstwhile registered owners of the suit land brought proceedings against Esther Laboso (the appellant or Esther) for three substantive orders; eviction; a permanent injunction restraining her, the proverbial servants, agents and assigns from the suit land; and mesne profits. The case of the respondents before the trial court was that Solomon bought the suit land from Lomekur Loitakono (the deceased) in two transactions. Two (2) acres on or about June 6, 1985 and the remaining three (3) acres on or about Febr…

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