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Beth Kaari & Prudence Mukiri v. M'nyeri M'rimunya

(2010) JELR 97288 (CA)

Court of Appeal  •  Civil Application 352 of 2009  •  12 Mar 2010  •  Kenya

Coram
Emmanuel Okello O'Kubasu, Alnashir Ramazanali Magan Visram, John walter Onyango Otieno

Judgement

RULING OF THE COURT

The undisputed facts of this notice of motion dated 14th December, 2009 and filed on 15th December, 2009, as can be deciphered from the record before us are that the second applicant’s husband was the registered proprietor of the suit parcel of land No. Karingani /Muiru/1749. His name was M’Ingetu M’Mwereria. He died on 3rd October 1998. Before he died he had filed Civil Suit No. 147 of 1987 at the High Court at Meru against three other people seeking that he be declared the sole proprietor by prescription or by limitation of Actions Act, of all that 6.916 Acres of land No. Karingain/Muiru/410. That suit was defended and was dismissed with costs on 14th April 1994. The defendants in that suit through their advocates sought to execute for costs awarded. The applicants claim this was fraudulent as the costs awarded was Ksh.15,050 only and one of the advocates for the defendants in that case had been paid much more than that amount to be precise Ksh.50,696/40. Be that …

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