Kirima v Taramba & 3 others (Environment and Land Appeal E007 of 2022) [2023] KEELC 17530 (KLR) (17 May 2023) (Judgment)

Facts

The 1st appellant, Julius Kithinji Taramba, and Molyn Credit Limited filed an appeal against a judgment delivered on February 21, 2022, in the Environment and Land Court.

Issues

1. failure to adhere to the provisions of Section 96(2) of the Land Act
2. failure to appreciate the 1st appellant's pleadings and submissions
3. failure to properly interpret the sale agreement and establish its terms
4. failure to find that the sale was legal and consideration had been paid
5. failure to find that the 1st appellant was an innocent purchaser for value
6. failure to appreciate the 1st respondent's loan facility with the consent of the 2nd and 3rd respondents
7. failure to appreciate the legality and procedural aspects of the transaction
8. failure to make consequential findings and orders regarding the 1st appellant's indebtedness and right to the monies he had paid

Reasoning

The court found that the trial court did not err in its judgment and that the 1st appellant's claims were not well-founded.

Outcome

Appeal dismissed

Authorities cited