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GEORGE CHAYUGA ALIAZA
V.
ZEPHANIA KHISA SAUL

(2022) JELR 113885 (CA)

Court of Appeal 24 Jun 2022 Kenya
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Case Details

Suit Number:Civil Appeal 134 of 2017
Judges:K M'Inoti, JA PO Kiage, JA M Ngugi, JA
Location:Eldoret

JUDGMENT

JUDGMENT OF MUMBI NGUGI, JA

  1. The appellant has filed the present appeal to challenge the decision of the Environment and Land Court (ELC) dated 20th January 2017 in which the ELC ordered the appellant to vacate a parcel of land measuring 1.3 acres registered in the name of the respondent within a period of three months failure to which he should be evicted. The ELC further entered judgment for the appellant in the sum of Kshs 217,000 which was the purchase price paid by the appellant for the said parcel of land. It further held that the contract for the sale of the suit property between the appellant and the respondent was void for lack of Land Control Board consent.

  2. The ELC further directed that out of the sum of Kshs. 217,000 due from the respondent to the appellant, Kshs.160,000 would attract interest at court rates from 16th September 2002, the date of the contract between the parties for the sale of one (1) acre of land until payment in full. The balance of Kshs. 57,000, the…

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