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Hannah Mugure Karago v. Peter Karuri Waweru & Another

(2016) JELR 104833 (CA)

Court of Appeal  •  Civil Appeal 155 of 2014  •  12 Feb 2016  •  Kenya

Philip Nyamu Waki, Roselyn Naliaka Nambuye, Patrick Omwenga Kiage



This is a first appeal. Its genesis is at the High Court where Peter Karuri Waweru and Mary Nyambura Karuri (the Respondents) sued Hannah Mugure Karago (the appellant) seeking to restrain her or her agents from interfering with their proprietary rights over all those parcels of land known as Njoro/ Ngata Block 1 / 1141 (New Kiambu); and Njoro / Ngata Block 1 / 1136 (New Kiambu) (‘the suit lands’) measuring half an acre and 3 acres, respectively.

They also sought an order authorizing the Deputy Registrar, or the Executive Officer of the High Court to sign and effect transfer of the suit lands in their names, in the event that the appellant refused to do so within a stipulated period of time.

By Sale Agreements dated 13th June, 1992 and 9th October, 1992, the appellant sold two and a half acres and one acre, respectively, out of the undivided L.R. No 6217 /8, as the suit lands were then known, which was registered at the time in the name of Kuria Karago (deceased) wh…

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