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Ithagi Kahihia & another v. Edward Gikonyo Kahihia & another

(2011) JELR 105197 (CA)

Court of Appeal  •  Civil Appeal 156 of 2005  •  8 Jul 2011  •  Kenya

Philip Kiptoo Tunoi, Daniel Kennedy Sultani Aganyanya, Philip Nyamu Waki



The dispute herein related to land reference No. Othaya/Thuti/ 521 registered in the name of Mathenge Kahihia, deceased. Ithagi Kahihia, 1st appellant, was his brother. He too died after the filing of this appeal. He has not been substituted. However Catherine Wachu Ithagi, 2nd appellant wife to the 1st appellant’s brother still survives. She proceeded with this appeal on her own behalf. Edward Gikonyo Kahihia, the 1st respondent is also the brother of the deceased Mathenge Kahihia. He also died after this appeal was filed. However, George Mwangi Kanyari, 2nd respondent still survives and he proceeded with this appeal on his own behalf. The dispute commenced as Succession Cause No. 110 of 1993 at the Senior Principal Magistrate’s Court Nyeri and on 31st May, 1994 it was by consent of the parties referred to the District Officer Othaya for arbitration by elders. The District Officer was appointed Chairman of the panel. The dispute was deliberated upon and an award …

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