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Kinyua Ng'ang'a & 2 others v. Nahashon Njenga Ng'ang'a & 3 others

(2015) JELR 99803 (CA)

Court of Appeal  •  Civil Application Sup 5 of 2013  •  27 Mar 2015  •  Kenya

Coram
Martha Karambu Koome, Roselyn Naliaka Nambuye, Kathurima M'inoti

Judgement

RULING OF THE COURT

The dispute that has led to the application before us has a rather checkered history in our courts, spanning more than twenty years. The applicants and the respondents are half brothers, the sons of a deceased mzee called Ng’ang’a. The dispute involves some three parcels of land in Murang’a that were registered in the names of the applicants, which the respondents contended were so registered in trust for them.

In 1994 the respondents filed Murang’a Senior Principal Magistrates Court Case No. 46 of 1994 claiming half share of those parcels of land. The dispute was referred to elders under the chairmanship of the District Officer, Murang’a, who heard and determined the same. The decision of the elders was however successfully challenged and set aside.

The dispute was heard afresh by the Senior Principal Magistrates, who by a judgment dated 7th December 2001 dismissed the respondent’s claim. Aggrieved by the judgment, the respondents filed in the High Court at Nairobi C…

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