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Chege Macharia v. Maina Macharia, Tom Thuita Mwangi & John Peter Thuita

(1996) JELR 104985 (CA)

Court of Appeal  •  Civil Appeal 73 of 1986  •  20 Jun 1996  •  Kenya

Johnson Evan Gicheru, Riaga Samuel Cornelius Omolo, Abdulrasul Ahmed Lakha



In paragraph 4 of his plaint dated 25th March, 1981 and filed in the superior court on 3rd April, 1981 the appellant averred as follows:-

"4.Between the year 1949 and 1951 the Plaintiff acquired and/or purchased five portions of land for which he paid with his own moneys amounting to 3 acres from divers vendors and due to natural love, affection and expediency, caused the same to be included and registered together with his father's family land and then all of them produced land parcel NO. Loc. 12/Sub-Location 5/399 the suit premises in the name of his deceased father Macharia Thuita without valuable consideration in the strict understanding that the deceased would hold the said pieces in trust for the plaintiff to be claimed by the Plaintiff at a later date. The Plaintiff has at all material times been in possession and cultivating the said portion of 3 acres up to now."

Land parcel NO. Loc. 12/Sub-Location 5/399, hereinafter referred to as the suit land, was regis…

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