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FRANCIS SOITA
V.
JOHN SIMIYU NDALILA

(2018) JELR 97540 (CA)

Court of Appeal 17 May 2018 Kenya
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Case Details

Suit Number:Civil Appeal 349 of 2014
Judges:Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed
Location:Eldoret
Other Citations:Francis Soita v. John Simiyu Ndalila [2018] eKLR

JUDGMENT OF THE COURT

[1] This is an appeal from the judgment and decree of the Environment and Land Court at Bungoma, (A. Omollo, J.) in the following terms:-

“1. The defendant to transfer 13/4 acres of land from land parcel No S. Namwela/S. Malakisi/635 to the plaintiff forthwith. In default the Deputy Registrar to sign transfer documents on behalf of the defendant herein.

2. The Counter-claim is dismissed.

3. The costs are awarded to the plaintiff.”

[2] The respondent herein filed a suit against the appellant herein claiming a total of 13/4 acres which he claimed to have bought from the appellant on various occasions between 15th October, 1998 and 16th October, 2001 at a consideration of Shs. 91,200/= and which land the appellant had failed to transfer.

The respondent gave evidence in support of his claim and called one witness, Richard Wose. The respondent testified inter alia, that by five sale agreements, he purchased a total of 13/4 acres of land from the appellant’s land title No. S…

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