Tawai Limited v Eldoret Express Limited & another [2020] KECA 383 (KLR)
- Court
- Court of Appeal
- Case number
- 383
- Citation
- [2020] KECA 383 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for certification and leave to appealCoramW. OUKO, W. KARANJA, J. MOHAMMED
Holding
We dismiss the application with costs.
Facts
The Court of Appeal at Eldoret had declared the registration and transfer of LR. NO. 5707/6 in favour of the respondent illegal, ordered the cancellation of the respondent's title to the suit property, eviction, and a permanent injunction against trespassing and mesne profits.
Issues
- The prayer for stay of execution was misguided.
- The application was bereft of merit.
Reasoning
The Court set aside the orders, satisfied with evidence that the suit property was sold to Kaitet, who then sold it to the respondent. The Court found the respondent was a bona fide purchaser for value and the prayer for cancellation was statute-barred.
Outcome
Application dismissed with costs
Authorities cited
Legislation (1)
- Indian Transfer of Property Act (repealed)
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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