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Francis Muregi Kiragu v. Joseph Gachie Kiragu & Joseph Kinyua Kimuri

(2014) JELR 105376 (CA)

Court of Appeal  •  Civil Appeal 104 of 2012  •  22 Jan 2014  •  Kenya

Alnashir Ramazanali Magan Visram, Martha Karambu Koome, James Otieno Odek



[1] On 29th July, 2011, Sergon J. pronounced a ruling in Nyeri Civil Case No. 128 of 2008, in which two applications were determined. That was the Amended Originating Summons dated 29th October, 2009, by the appellant which in essence was the main suit and a chamber summons by the respondent dated 28th October, 2009. In the Originating Summons the appellant sought inter alia for an order of injunction to restrain his brother Joseph Gachie Kiragu and the 2nd respondent from dealing with TITLE NO. IRIANI/KARIA/518 (hereinafter referred to as the suit premises). He also sought to be registered as proprietor of 0.83 Ha out of the suit premises while claiming to have acquired the title by way of adverse possession.

[2] The 2nd respondent was not made a party to that original suit but the records show that he was made a party in subsequent proceedings. He filed the second application seeking his name to be struck out of the record on the grounds that his joinder as a par…

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