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Fredrick Wachira Ndegwa v. Ignatius Ndegwa Ndanjeru – Proposed Substitute of Ricarda Wanjiku Ndanjeru (Now Deceased) & another

(2011) JELR 105237 (CA)

Court of Appeal  •  Civil Appeal 306 of 2005  •  8 Jul 2011  •  Kenya

Samuel Elikana Ondari Bosire, Alnashir Ramazanali Magan Visram, John walter Onyango Otieno



This matter has had a long and chequered history which has defied the doctrine of finality of litigation. The original parties to the litigation died, and the current dispute is between Frederick Wachira Ndegwa, the legal representative and son of the late Ndegwa Wachira, who was the defendant in Nyeri SRM’ s Court, Civil Case No. 157/79, which has also been described as Nyeri SRM Civil Case No. 157 of 1980. The Plaintiff in that suit was Ricarda Wanjiku Ndanjeru, (deceased). In her amended plaint in that suit she averred that she was the widow of Ndanjeru Wachira, who died sometime in 1961. He was the brother of Ndegwa Wachira.

The above suit concerned land known as Tetu/Unjira/172, which was registered in the name of Ndegwa Wachira. Ricarda averred in her amended plaint that the above piece of land was the product of the consolidation of several fragmented parcels of land some of which were owned by her deceased husband and others by Ndegwa Wachira. For some reas…

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