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Joseph Gachuhi Muthanji v. Mary Wambui Njunguna

(2014) JELR 100728 (CA)

Court of Appeal  •  Civil Appeal 34 of 2014  •  25 Nov 2014  •  Kenya

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

Judgement

JUDGMENT OF THE COURT

1. Mbugua Wangige and David Njuguna Nyoro (plaintiffs) filed suit in the High Court against Muthanji Wangige (defendant). The parties were related; Mbugua Wangige and Muthanji Wangige were brothers while David Njuguna Nyoro was their nephew. It was the plaintiffs’ case that the defendant was registered as a trustee in respect of L.R No. 208 Kabete/Kibichiku (suit property); he held the suit property for their benefit. The plaintiffs claimed that the suit property had been bequeathed by Nyoro Wangige (deceased) to his sons namely the 1st plaintiff, the defendant and the 2nd plaintiff’s father. The 1st Plaintiff sued both in his personal capacity and as an administrator of the estate of Nyoro Wangige. While the 2nd Plaintiff also sued both in his personal capacity and as an administrator of the estate of his late father.

2. In the alternative, the plaintiffs claimed that they had occupied and developed identifiable portions of the suit property since the year 1965 wi…

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