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Joseph Boro Ngera v. Wanjiru Kamau Kaime & Karungari Kamau Kaime

(2010) JELR 105431 (CA)

Court of Appeal  •  Civil Appeal 32 of 2005  •  12 Nov 2010  •  Kenya

Moijo Matayia Ole Keiwua, John walter Onyango Otieno, Joseph Gregory Nyamu



The facts giving rise to High Court Civil Suit No. 224 of 1987 from which this appeal arises, are brief and straight forward, more so, because most of the facts have not been controverted. The first respondent, Wanjiru Kamau Kaime and the second respondent Karungari Kamau Kaime, were both wives of one Kamau Kaime who was the original owner of land parcel LR No. 5282 situate in Njoro measuring about 1,060 acres. He was advanced some money by Agricultural Finance Corporation. The exact amount is not clear, but whatever amount was originally advanced, the same was secured by a charge over the Land parcel No. 5282. Kamau Kaime died in April 1969. The respondents were appointed the administrators of his estate. It would appear from the record before us, that the respondents did not service that loan and did not care to know how much was due to be paid to Agricultural Finance Corporation (AFC) although they had caused their names to replace that of their husband at the …

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