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GITAMAIYU TRADING COMPANY LTD.
V.
NYAKINYUA MUGUMO KIAMBAA CO. LTD. & 10 ORS.

(2021) JELR 113697 (CA)

Court of Appeal 3 Dec 2021 Kenya
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- The dispute concerned ownership of approximately 512 acres (LR Nos. 89/4-9 and 89/11-20, "Fanros Estate") in Kiambu County, between the appellant and Nyakinyua Mugumo Trading Company Limited (1st respondent), among others. - The appellant

Case Details

Suit Number:CIVIL APPLICATION SUP NO. 57 OF 2019
Judges:WANJIRU KARANJA, JA HANNAH OKWENGU, JA SANKALE OLE KANTAI, JA
Location:Nairobi

RULING

  1. Two land-buying companies disagreed over the ownership of some 16 parcels of land comprising LR Nos. 89/4-9 and 89/11-20 (the suit property) measuring approximately 512 acres in Kiambu County. The land was eponymously known as Fanros Estate, from the name of the vendor. The appellant maintained that on 18th February, 1977 it entered into an agreement with Gopal Dass Pall, an agent of Fanros Limited, to buy the suit property at Kshs. 4,200,000; that they paid this sum; that its shareholders, who were workers and labourers on the estate went into occupation; that in 1979, the shareholders were forcefully evicted by the local and provincial administration from the suit property in favour of the 1st respondent, (Nyakinyua Mugumo Trading Company Limited) as well as the 2nd to 5th respondents; that the 6th to 7th respondents jointly, fraudulently and illegally caused the suit property to be transferred to the 1st to 5th respondents whilst knowing that the land belonged to the appellan…

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