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PENROSE SHISALA NAMISI
V.
COUNTY GOVERNMENT OF TRANS-NZOIA & 4 OTHERS

(2019) JELR 93503 (CA)

Court of Appeal 17 Jan 2019 Kenya
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Case Details

Suit Number:Civil Appeal 104 of 2015
Judges:Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed
Location:Eldoret
Other Citations:Penrose Shisala Namisi v. County Government of Trans-Nzoia & 4 others [2019] eKLR

JUDGMENT OF THE COURT

[1] By a plaint dated 8th June 2015, in Kitale Environment and Land Court (ELC) Civil Suit No. 79 of 2015 Penrose Shilasala Namisi (appellant) filed a plaint in the ELC at Kitale in which she sued the County Government of Trans Nzoia (1st respondent), County Public Service Board of Trans-Nzoia (2nd respondent), Ratilal Gosar Godhia (3rd respondent), Vipul Ratilal (4th respondent) and Avir Kanti Shah (5th respondent).

[2] The subject of the appellant’s suit was a property known as Kitale Municipality/Block 7/20 (herein the suit property). The appellant claims that she was married to one Benjamin Nyamumbo Oonge (Benjamin), and that during the subsistence of the marriage she acquired the suit property jointly with Benjamin, though the property was solely registered in the name of Benjamin. She filed ELC 79/2015 because Benjamin had secretly and fraudulently entered into an agreement to sell the suit property to the 3rd, 4th and 5th respondents, who had in turn transfe…

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