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Jacinta Wanjiku Kamau v. Isaac Kamau Mungai & Ndirangu Gitigi

(2006) JELR 105452 (CA)

Court of Appeal  •  Civil Appeal 59 of 2001  •  15 May 2006  •  Kenya

Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu, William Shirley Deverell



This is an appeal by the unsuccessful plaintiff from a judgment of the superior court (Aganyanya, J.) delivered on 21st August, 2000 in which the learned Judge dismissed the plaintiff’s suit. The dispute herein can be traced back to the High Court Civil Case No. 3874 of 1988, in which the appellant sued the two respondents. In the Amended Plaint the appellant, Jacinta Wanjiku Kamau (as the plaintiff in the superior court) averred:-

“1. The plaintiff is an adult female residing as a housewife at Gatitu, Gatundu Division in Kiambu District in the Republic of Kenya and her address for the purpose of this suit is care of Asst.Chief Joseph Mwangi Kiarie, Gatitu Sub-Location, Gatundu Division, Kiambu District aforesaid.

2. The First defendant is an adult male residing at Karati Settlement Scheme, Nyandarua District in the Republic of Kenya and his address of service for the purposes of this suit is care of Karati Settlement Scheme, South Kinangop Nyandarua District afores…

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