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PRAFULLA ENTERPRISES LIMITED
V.
NORLAKE INVESTMENTS LIMITED & ANOTHER

(2014) JELR 96741 (CA)

Court of Appeal 21 Feb 2014 Kenya
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Case Details

Suit Number:Civil Appeal 117 of 2006
Judges:John walter Onyango Otieno, Festus Azangalala, Sankale ole Kantai
Location:Kisumu
Other Citations:Prafulla Enterprises Limited v. Norlake Investments Limited & another [2014] eKLR

JUDGMENT OF THE COURT

The genesis of the entire saga culminating into this appeal is the subsequent ownership of two pieces of land that resulted from the division of original land parcel Number KISUMU MUNICIPALITY/BLOCK VII/6 which originally belonged to E.A. Hardwares Limited. It was later sold and transferred to Lake Investments Limited which subdivided it into several plots numbering from Kisumu Municipality/Block VII/413 to Kisumu Municipality/Block VII/440. All of these smaller plots except two were sold to the first respondent in this appeal Norlake Investments` Limited. One of the remaining two which was either Kisumu Municipality/428 or Kisumu Municipality/438 was sold to the appellant herein Prafulla Enterprises Limited. We say either 428 or 438 because the main issue is based on the identity of which of the two plots was sold to the appellant notwithstanding the titles of documents that were issued to either party. The record shows the appellant had been a tenant occupying t…

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