Login Register

Joseph Kithinji Gitonga & Nancy Karuta Gitonga v. Kiogora Mutai & Company Advocates

(2017) JELR 100673 (CA)

Court of Appeal  •  Civil Appeal 41 & 56 of 2015  •  23 Jun 2017  •  Kenya

Daniel Kiio Musinga, Agnes Kalekye Murgor, Stephen Gatembu Kairu



This appeal is a consolidation of Civil Appeal Numbers 41 and 56 of 2015, both arising out a decision of J.M. Mutungi, J, of 27th November 2014. By Originating Summons dated 29th April 2009 the appellants, Joseph Kithinji Gitonga and Nancy Karuta Gitonga, sought orders for the delivery to them by the respondent of all the documents relating to the property situated on LR No. 2/167 (the property); the leases and documents in respect of apartment numbers A2, A5, B3, and B5 on the property; and all documents in respect of La Casa Gardens Limited, the management company for the property.

The Originating Summons was supported by the affidavit of the 1st appellant sworn on 6th May 2014, where it was deponed that the appellants are the registered proprietors of the property upon which they constructed 20 residential apartments. The appellants further deponed that they enlisted the services of the respondent law firm to undertake the conveyance of 20 apartments, to sell 7 …

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login