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(1983) JELR 99829 (CA)

Court of Appeal  •  Civil Appeal 25 of 1982  •  10 May 1983  •  Kenya

Zakayo Richard Chesoni, Alister Arthur Kneller, Kenneth D Potter



The appellant, Kimani Gituanja, is the registered proprietor of the piece of land known as Kabete/Nyathuna/53 which by measurement is 7.44 hectares. On July 24, 1980, the respondent filed a suit in the High Court against the appellant for the orders that:

a) the said piece of land be registered in the respondent’s and appellant’s names as joint owners in common in equal shares;

b) alternatively, the piece of land be subdivided into two equal portions and one of the two portions be transferred to and registered in the name of the respondent and the other in the name of the appellant, and

c) the land registrar at Kiambu be authorized to effect the transfer in (b) above.

In his written defence the appellant stated that the disputed land was originally occupied by his grandfather who upon his death left it to the appellant’s father who in turn left the land for the appellant.

After hearing the respondent and her three witnesses and the appellant Gachuhi J gave judgment for the responde…

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