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John Njuguna Wang'ombe (Suing as the Legal Representative of theEstate of Wang'ombe Muigai) v. Charles Ngure Kibe (Suing as the Legal Representative of the Estate of Kibe Mungai)

(2018) JELR 100797 (CA)

Court of Appeal  •  Civil Application 125 of 2017 (UR 96 of 2017)  •  9 Nov 2018  •  Kenya

Coram
Philip Nyamu Waki, Mohammed Abdullahi Warsame, Stephen Gatembu Kairu

Judgement

RULING OF THE COURT

1. By a notice of motion dated the 5th June, 2017 JOHN NJUGUNA WANG’OMBE (the applicant) seeks, inter alia, orders for stay of proceedings and execution of the judgment delivered by the Environment and Land Court (Gacheru, J). In her judgment, delivered on the 15th May, 2015, the learned Judge allowed an originating summons filed by CHARLES NGURE KIBE (the respondent) and held that WANG’OMBE MUIGAI, who was the father of the applicant, held all that parcel of land known as GATAMAYU/KAMUCHEGE/360, in trust for his brothers KIBE MUNGAI, who was the father of the respondent, and NGURE MUIGAI.

The learned judge ordered that the said parcel of land be divided in equal shares between the estates of WANG’OMBE MUIGAI and KIBE MUNGAI, since NGURE MUIGAI died without leaving any beneficiaries.

2. Aggrieved by that judgment, the applicant who was acting in person in the lower Court lodged a Notice of Appeal on the 28th May, 2015. However, it was not until the 8th February, 2017 …

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