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Julia Wanjiru,Alice Wambu Karanja,Agatha Wangeci Muiruri,Rahab Muringe Nderi & Jacinta Mumbi Chege v. Jacinta Wairimu Njoroge

(2013) JELR 100483 (CA)

Court of Appeal  •  Civil Appeal (Application) 226 of 2010  •  20 Sep 2013  •  Kenya

Coram
John Wycliffe Mwera, Agnes Kalekye Murgor, Stephen Gatembu Kairu

Judgement

RULING OF THE COURT

This is an application to strike out the record of appeal dated 1st September 2010, against the judgment and decree of the High Court filed by the respondent/appellant, Jacinta Wairimu Njoroge (Jacinta Njoroge). The application is brought by Rahab Muringe Nderi (Rahab Nderi) on behalf of Julia Wanjiru, Alice Wambui Karanja, Agatha Wangechi Muiruri, Rahab Muringe Nderi and Jacinta Mumbi Chege,(the respondents).

Briefly the facts are that, judgment was entered against the Jacinta Njoroge on 9th May, 2009 wherein Ang’awa J dismissed Jacinta Njoroge’s suit and gave judgment in favour the applicants/respondents. The learned judge found that Jacinta Njoroge did not hold the land on account of valuable consideration, and therefore cancelled the title and ordered that the title be issued in the names of the respondents.

Being dissatisfied with the decision of the High Court, Jacinta Njoroge filed a notice of appeal on 10th May, 2007. Thereafter, through the law firm of P. N. …

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