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Charles Mwangi Gitundu & Githinji Ngure 'Dec' v. Charles Wanjohi Wathuku

(2017) JELR 103268 (CA)

Court of Appeal  •  Civil Application 64 of 2016  •  20 Dec 2017  •  Kenya

Coram
George Benedict Maina Kariuki

Judgement

IN THE COURT OF APPEAL

AT NYERI

(CORAM: G.B.M. KARIUKI, JA (IN CHAMBERS))

CIVIL APPLICATION NO. NYR. 64 OF 2016

BETWEEN

CHARLES MWANGI GITUNDU.......................1ST APPLICANT

GITHINJI NGURE 'DEC'..................................2ND APPLICANT

AND

CHARLES WANJOHI WATHUKU...................RESPONDENT

(Being an appeal from the Ruling of the High Court of Kenya

at Nyeri (Makhandia, J.) dated 3rd June, 2009

in

Succession Cause No. 60 of 1997)

***********************

RULING

1. This ruling relates to the application by Notice of Motion dated and filed in Court on 30th September 2016. Messrs Charles Mwangi Gitundu and Githinji Ngure, the 1st and 2nd applicants respectively (who are herein referred to as “the applicants”) were objectors in High Court (at Nyeri) Succession Cause No. 60 of 1997 in which Charles Wanjohi Wathuku, (the respondent in the said Notice of Motion) was the petitioner. The application shows that on 26th February 2009, the applicants were found in contempt of court orders and (were)…

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