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Charles Karaithe Kiarie & 2 others v. Administrators of the Estate of John Wallace Mathare (Deceased) & 5 others [2013] eKLR

(2013) JELR 103296 (CA)

Court of Appeal  •  Civil Appeal 225 of 2006  •  26 Apr 2013  •  Kenya

John walter Onyango Otieno, Jamila Mohammed, Stephen Gatembu Kairu



1. This is an appeal from the judgment of the High Court (Angawa J) given on 16th August 1999 by which the High Court granted the relief of specific performance of an agreement for the sale of land and ordered the cancellation of title to property in favour of the 3rd appellant.

The Parties

2. It is appropriate to start by describing the many parties involved in this appeal and their relationship to each other.

3. John Wallace Mathare (Mathare) and Dennis Waweru Rimui (Rimui) were the plaintiffs in the High Court suit. They were brothers. They are both deceased. We will refer to them as Mathare and Rimui. The administrators of their respective estates are the 1st and 2nd respondents in this appeal. Mathare and Rimui entered into an agreement for sale dated 18th September 1990 with Joyce Wanja Gitau, the 1st defendant to purchase 2.5 acres of land being a portion of a proposed subdivision of L R. No. 2243/3.

4. Joyce Wanja Gitau, now deceased, was the 1st defendant in …

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