Customer Support

SIMON TOWETT MARITIM
V.
JOTHAM MUIRURI KIBARU

(2006) JELR 96416 (CA)

Court of Appeal 10 Nov 2006 Kenya
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:Civil Appeal 292 of 2005
Judges:Samuel Elikana Ondari Bosire, Emmanuel Okello O'Kubasu, Erastus Mwaniki Githinji
Location:Nakuru
Other Citations:Simon Towett Maritim v. Jotham Muiruri Kibaru [2006] eKLR

JUDGMENT OF THE COURT

This is an appeal by the unsuccessful defendant in the superior court. The respondent herein Jotham Muiruri Kibaru as the plaintiff in the superior court filed a suit against the appellant Simon Towett Maritim seeking the following reliefs:-

“i. A declaration that as at the time the Land Control Board Consent, transfer and issue of Title No. Kericho/Chesinende/SS/97 was unlawfully obtained by the defendant, the registered owner, who was the plaintiff’s deceased mother Waithera Githinji; was deceased and therefore no lawful Title could pass in favour of the defendant.

ii. A declaration that the Land Control Board consent, transfer and consequent issue of Title No. Kericho/Chesinende/SS/97 was null and void ab-initio for want of owners consent to the purported transaction and that the purported transaction offends section 75 of the Kenya Constitution.

iii. That this Honourable Court be pleased to nullify the transfer and issue of Title to the defendant and to order tha…

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.