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GEOFFREY MUGAMBI, FREDRICK K. MWORIA & M'IKIAIRA V. DAVID K. M'MUGAMBI, JOSEPH MEEME MUGAMBI, JULIUS KIMAITA & MUTHURI M'MUGAMBI

(1992) JELR 104871 (CA)

Court of Appeal  •  Civil Appeal 153 of 1989  •  16 Oct 1992  •  Kenya

Coram
Johnson Evan Gicheru, Richard Otieno Kwach, Mathew Guy Muli

Judgement

JUDGMENT

Kwach JA. In 1957, during land adjudication in Meru District, Mugambi Imanyara was allocated a piece of land by his clan and was registered as the proprietor of parcel number Abothuguchi/Kithirune/97, measuring 24 acres. At the same time, the clan also gave three, out of his eleven sons by five wives, Justus Mbaya Mugambi, Mbogori Mugambi and Stanley Ntiritu, their pieces which were registered in their names.

Mugambi Imanyara (the deceased), died in 1985, after the institution of the suit in the Superior Court but before the trial and Mikiaira Kagwabii, the third appellant, was substituted as his personal legal representative.

At some stage, the deceased sub-divided parcel number Abothuguchi/Kithirune/97, into 4 portions. Three of these, Abothuguchi/Kithirune/1360, 1361 and 1362, measured 2 acres each. The fourth, number 1363, measured 18 acres. The deceased then gave parcel number 1360 to his son Samwel Mikiaira Mugambi, number 1361 to another son Geoffrey Kanumbe Mugambi and 1…

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