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EDWARD NJANE NG'ANG'A & SAMUEL MWANGI NG'ANG'A V. DAMARIS WANJIKU KAMAU & JOSEPH KAMAU MWANGI

(2019) JELR 102531 (CA)

Court of Appeal  •  Civil Appeal 16 of 2016  •  13 Feb 2019  •  Kenya

Coram
Philip Nyamu Waki, Sankale ole Kantai, Fatuma sichale

Judgement

JUDGMENT OF THE COURT

From what we can discern from the record, there was a matter before a Land Disputes Tribunal which was heard and determined and on 28th April, 2006, and an award was filed at the Senior Resident Magistrate’s Court at Kangema in LDT No. 7 of 2006. The parties in the case at the Magistrate's Court were Sarah Warwatha Gachinga, Ruth Wanjiku Ng’ang’a and Mary Wanjiru Waweru as Plaintiffs and John Thumbi Njane was the defendant. The said award was adopted as a judgment of the court on that date. The record also shows that an application was made and allowed by the Resident Magistrate of the said court on 10th January, 2007 authorizing the Executive Officer of that court to execute and facilitate all necessary documents for the subdivision and transfer of a parcel of land known as LOC 9/Kiruri/206. There is also on record proceedings in Principal Magistrate’s Court at Kangema, being Civil Case No. 124 of 2011, where the appellants here Edward Njane Nganga and Samuel Mwa…

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