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EDWIN KARIUKI NGOTHO, PETER KARUGA NGOTHO, ALICE MURUGI NGOTHO, MARY WACEKE NGOTHO & SOPHIA WANJIRU MUNENE V. MICHAEL KOIRUGO NGOTHO, FRANCIS KANJABI NGOTHO & LAWRENCE NJEGA NGOTHO

(2017) JELR 102525 (CA)

Court of Appeal  •  Civil Appeal 227 of 2014  •  10 Mar 2017  •  Kenya

Coram
Philip Nyamu Waki, Roselyn Naliaka Nambuye, Festus Azangalala

Judgement

JUDGMENT OF THE COURT

1. The appellants, Edwin Kariuki Ngotho, Peter Karuga Ngotho, Alice Murugi Ngotho, Mary Waceke Ngotho and Sophia Wanjiku Munene, and the respondents, Michael Koirugo Ngotho, Francis Kanjabi Ngotho and Lawrence Njenga Ngotho are all children and beneficiaries of the estate of Teresia Wangui Ngotho, (hereinafter referred to as the deceased). In this appeal, the appellants have challenged the ruling and order of the High Court, (L. Kimaru, J.), made on 26th March, 2014, by which ruling and order the learned Judge determined that the value of LR No. Dagoretti/Riruta/4658, (hereinafter "the suit property"), was Kshs. 21 Million. The learned Judge further granted the daughters of the deceased liberty to purchase the suit property which option they were to exercise within 90 days of his order. In default, the property was to be sold in the open market for not less than Kshs. 21 Million. This is the order which provoked this appeal.

2. However, the order was a consequence …

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