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Kiarie Wamutu v. Mungai Kiarie & Ndungu Mungai alias Ngichu Wathiru

(1982) JELR 99855 (CA)

Court of Appeal  •  Civil Appeal 64 of 1981  •  10 Nov 1982  •  Kenya

Coram
Eric John Ewen Law, Chunilal Bhagwandas Madan, Kenneth D Potter

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(Coram: Madan, Law and Potter, JJ A)

CIVIL APPEAL NO. 64 of 1981

Between

KIARIE WAMUTU................................................. APPELLANT

AND

MUNGAI KIARIE...................................... 1ST RESPONDENT

NDUNGU MUNGAI alias

NGICHU WATHIRU................................. 2ND RESPONDENT

(Appeal from the judgment and order of the High Court of Kenya at Nairobi (Trainor, J) dated 3rd July, 1981

in

Civil Case No 337 of 1977)

................................

JUDGMENT

MADAN JA The appellant was the plaintiff in a suit which he filed in the High Court on 15th February, 1977 originally against the second respondent as the sole defendant. The first defendant was joined under order of court made on 28th February, 1980. The defendants are father and son respectively.

The plaintiff’s case against the defendants was that he was the registered proprietor of a parcel of land known as Kiganjo/Nembu/177 and his neighbour the first defendant was the registered owner of th…

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