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Jane Wanja Gahiengo v. David Wanjohi Kamau & Gerald Maina Kaguanyo

(2014) JELR 105180 (CA)

Court of Appeal  •  Civil Appeal 98 of 2008  •  20 Mar 2014  •  Kenya

Alnashir Ramazanali Magan Visram, Martha Karambu Koome, James Otieno Odek



The 1st and 2nd respondents suing as the legal representatives of the Estates of Duncan Kamau Kimani (deceased) and Ethan Kaguanyo (deceased) respectively filed a suit against the appellant as the legal representative of the Estate of Gachiengo Gichuhi (deceased) in the High Court. The respondents sought inter alia a declaration that they are entitled to equal portions with the appellant to the interest held by her in land parcel numbers Nakuru Munucipality/Block 10/19 and Nakuru Municipality/13/166 (suit properties); cancellation of the titles of the suit properties registered in the appellant’s name; registration of the suit properties jointly in the names of the appellant and respondents; and an account of the rent collected by the appellant from the suit properties.

The genesis of the said suit was that the respondents claimed that the deceased persons, Duncan Kamau Kimani, Ethan Kaguanyo and Gachiengo Gichuhi formed a partnership and purchased shares in a busi…

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