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Joram Mungai Kiberenge, Robert Kimani Kiberenge, Asaph Wainaina Kiberenge, David Karanja Kiberenge, Gadson Ngugi Kiberenge & Elizabeth Wairimu v. Peter Gikonyo Chiuga (Legal Representative of Jennifer Njoki (deceased)) & Beatrice Wangui Nginga

(2020) JELR 100746 (CA)

Court of Appeal  •  Civil Appeal 21 of 2016  •  19 Jun 2020  •  Kenya

Coram
Wanjiru Karanja, Fatuma sichale, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

1. This appeal emanates from the judgment and decree of the High Court at Nakuru, (Maraga, J. (as he then was)) entered in favour of the respondents granting orders, inter alia, that: each of the respondents are entitled to one third of L.R No. 533/426 (herein after referred to as “the suit property”) situated in Molo town and; that the existing title to the suit property be cancelled, the suit property be subdivided into three equal portions and fresh titles be issued.

2. The genesis of this matter as pleaded by the appellants in the trial court was that they were the registered owners of L.R No. 533/426 the suit property situated in Molo Town in Molo District measuring approximately 5.922 hectares. On 29th January, 2008 the appellants instituted a suit against the respondents herein seeking among other orders: a permanent injunction to restrain the respondents by themselves, their representatives, servants or agents from entering, remaining or in any other way in…

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