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Discovery Technologies Ltd v. Estate of Pierinna Nyokabi Kinyanjui, Charles Paul Kinyanjui, Piera Waithera Ceraroni, Joreth Limited & Margaret Wambui Ngugi

(2020) JELR 102685 (CA)

Court of Appeal  •  Civil Application 92 of 2020  •  9 Oct 2020  •  Kenya

Wanjiru Karanja, Daniel Kiio Musinga, Patrick Omwenga Kiage



1. At the core of this application is the question as to who between Discovery Technologes Limited (applicant) and the Estate of Pierinna Nyokabi Kinyanjui is the rightful owner of Land Reference No. 13330/527 (suit property) Nairobi. The applicant claims to have purchased the property from Margaret Wambui Ngugi (5th Respondent) who in turn claims to have bought the suit property from Joreth Limited (4th respondent).

2. On the other had the 2nd and 3rd respondents claim to have inherited the same property from their mother one Pierinna Nyokabi Kinyanjui who was a shareholder of Thome Farmers No. 5. Following a consent entered in Nairobi HCCC No. 6206 of 1992 , all members of Thome Farmers No. 5 agreed to pay Ksh. 200,000 to Joreth Limited (4th respondent) within specific timelines if they wanted to retain their plots. In default of such payment within the agreed timelines, ownership of the plots would revert to Joreth.

3. A dispute arose as to whether Pierrina Nyokabi…

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