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JITENDRAKUMAR C. PATEL & ANOR
V.
MJC & ANOR (SUING AS THE GUARDIANS OF PJP)

(2022) JELR 113500 (CA)

Court of Appeal 4 Feb 2022 Kenya
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Case Details

Suit Number:CIVIL APPEAL 182 OF 2019
Judges:HM Okwengu, JA W Karanja, JA MSA Makhandia, JA
Location:Nairobi

JUDGMENT

  1. This is an appeal from the Judgment and decree of the Environment and Land Court at Nairobi, (K. Bor, J.) delivered on 14th March, 2019. In the suit giving rise to this appeal the respondents had claimed against the appellants with regard to L.R. No. xxxx, General Mathenge Drive, Nairobi hereinafter, the “suit property” a permanent injunction to restrain the appellants from, evicting, being a nuisance and or interfering with PJP’s (“P”) peaceful enjoyment of the suit property; a declaration that the purported sale and transfer of the suit property to the appellants was void and of no legal effect, and an order to rectify the land register so as to revert title of the suit property to P and costs of the suit.

  2. From the pleadings the respondents’ case appears to be that by an agreement for sale dated 19th October, 2005, P who was their mother allegedly sold and transferred the suit property to the appellants. Prior to the sale, the appellants had been P’s tenants occupying the mai…

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