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KIMANI GITUANJA v. JANE NJOKI GITUANJA

(1983) JELR 100322 (CA)

Court of Appeal  •  civ app 25 of 82  •  10 May 1983  •  Kenya

Coram
Zakayo Richard Chesoni, Alister Arthur Kneller, Kenneth D Potter

Judgement

REPUBLIC OF KENYA

IN THE COURT OF APPEAL

AT NAIROBI

civ app 25 of 82

KIMANI GITUANJA ..................................................................APPELLANT

AND

JANE NJOKI GITUANJA ........................................................RESPONDENT

(Appeal from the judgment of the High Court of Kenya at Nairobi (Gachuhi, J) dated June 12, 1980

in

Civil Case No 1995 of 1980)

__________________

JUDGMENT OF CHESONI, AG JA

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 end one of the two portions be transferred to and registered in the name of the respondent and the other in the name of the appell…

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