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Justine Kasimu Ndolo v. Joseph Kamuya Maitha & 3 others

(2018) JELR 100418 (CA)

Court of Appeal  •  Civil Appeal 29 of 2010  •  20 Dec 2018  •  Kenya

Coram
Roselyn Naliaka Nambuye, Mohammed Abdullahi Warsame, Kathurima M'inoti

Judgement

JUDGMENT OF THE COURT

This is an appeal from the ruling and order of Lenaola, J. (as he was then) dated 9th November 2009, declining to strike out the 1st respondent’s plaint dated the 21st October 2002 and amended on the 29th day of May 2007.The background to the appeal is that the 1st respondent, Prof. Joseph Kamuya Maitha, filed suit against the appellant, Justine Kasimu Ndolo and Elizabeth Kamene Ndolo (2nd respondent), Musyimi Lele Ndolo (3rd respondent) and Mwaani Enterprises Ltd (4th respondent), contending in the main, that the respondents, beneficiaries of the Estate of Joseph Musyimi Lele Ndolo (the deceased), had wrongfully subdivided LR Nos. 1756/7 and 1756/8 without regard to his 1000 acres that he had purchased from the 2nd respondent as executrix of the Estate of the deceased, to save the entire LR No. 1756 from being sold in an auction. He contended that after the purchase, he took possession of the said 1000 acres and was in occupation at the material time. The 2nd, 3r…

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