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Kalondu Mbusya v. Martin Kimweli Kikoi, Paul Mbithi, Patrick N. Kilonzo, Jasper Mulandi, Dickson M. Mutie, Simon K. Ngololo, Wambua Kimweli, John Kimweli, Mwoloo Kinyoo, Shem Masio & Nelson Masio

(2017) JELR 100282 (CA)

Court of Appeal  •  Civil Appeal 344 of 2014  •  28 Jul 2017  •  Kenya

Coram
George Benedict Maina Kariuki, Sankale ole Kantai, Fatuma sichale

Judgement

JUDGMENT OF THE COURT

This is an appeal against the judgment of Mwera, J. (as he then was) delivered on 29th July 2003.

The background to this appeal is that the 1st respondent, Martin Kimweli Kikoi filed Machakos HCCC No. 48 of 1998 against Kalondu Mbusya the appellant herein vide a plaint dated 26th February 1998. In the Plaint the 1st respondent averred that on 3rd April, 1970 he paid for three shares in Kiene Ngundu Land Buying Group (hereinafter the Group) which was formed principally for purposes of purchasing a piece of land known as Marwa Sisal Estate and registered as Land Parcel No. 1755 (hereinafter the mother parcel). He contended that whilst one share was in his name, the other two were in the names of his brother who was the appellant’s husband, Mbusya Kikoi (now deceased) and his son F K K (then a minor); that as his deceased brother, had no land of his own, he allowed him to till on part of the land known as Kiene Ngundu 16/70 (hereinafter the suit land). The 1st respond…

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