Customer Support

MICHAEL MURITHI MUTHII
V.
CECILIA WANJIRU COOPER & 3 OTHERS

(2021) JELR 99103 (CA)

Court of Appeal 19 Feb 2021 Kenya
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:Civil Appeal 159 of 2018
Judges:Roselyn Naliaka Nambuye, Kathurima M'inoti, Stephen Gatembu Kairu
Location:Mombasa
Other Citations:Michael Murithi Muthii v. Cecilia Wanjiru Cooper & 3 others [2021] eKLR

JUDGMENT OF THE COURT

This appeal challenges the judgment and decree of the Environment and Land Court (ELC) at Mombasa (Omollo, J.) dated 2nd August 2018 by which the learned judge issued an order for specific performance and directed the 1st respondent, Cecilia Wanjiru Cooper, also known as Cecilia Wanjiru Ernest (Ms. Cooper), to transfer Plot No. MN/1/17640 (the suit property) to the 2nd, 3rd and 4th respondents (the respondents). In default, the court directed the deputy registrar of the court to execute and register the transfer in lieu of Ms Cooper. The appellant, Michael Murithi Muthii (Mr. Muthii), who claims to have purchased the suit property from Ms Cooper contends that the trial court erred by making an order for specific performance in the circumstances of this appeal. On her part Ms. Cooper filed Civil Appeal No. 57 of 2019 against the same judgment and supports Mr. Muthii in this appeal. Both appeals were consolidated with the consent of the parties, with Civil Appeal No…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.