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Ephraim Mbae, Sarah Kathure John & Winfred Maigene Stephen v. Gilbert Kabeere M'mbijiwe, Jocet Auctioneers & County Council Of Meru

(2013) JELR 102424 (CA)

Court of Appeal  •  Civil Appeal 279 of 2007  •  13 Jun 2013  •  Kenya

John walter Onyango Otieno, David Kenani Maraga, Wanjiru Karanja



This is an appeal from the Ruling and Order of the High Court at Meru (Lenaola, J.) in Meru HCCC No. 15 of 2003 dated 23rd October, 2007.

The appeal was filed on behalf of Ephraim Mbae, Sarah Kathure John and Winfred Maigene Stephen by the firm of the Charles Kariuki& Co. Advocates.

Before the Appeal could be heard, the 1st appellant – Ephraim Mbae died and so his appeal has since abated and the same was marked as such under Rule 99(2) of this Court Rules.

The remaining appeal is therefore, by Sarah Kathure and Winfred Maigene Stephen who are the 2nd and 3rd appellants respectively.

In order to put the appeal in its proper perspective, it is necessary to recap abit of its history. The appellants herein were the plaintiffs before the High Court and the three defendants were the respondents.

There was a dispute as to the ownership of Plots Nkubu 57A, 57B and 59 at Nkubumarket. It was alleged that the 1st respondent who was claiming ownership and 2nd respondent, a fir…

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