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Martha Njeri Wanyoike, George Mbekenya, John Karanja Wanyoike v. Peter Macharia Mwangi, Joseph Karanja, Grace Nyambura Ndegwa, Moses Maina Thuku & Kuria Ngware

(2016) JELR 99275 (CA)

Court of Appeal  •  Civil Appeal 39 of 2012  •  8 Dec 2016  •  Kenya

Coram
Philip Nyamu Waki, Roselyn Naliaka Nambuye, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

The genesis of the litigation resulting in this appeal is a plaint dated the 19th day of June, 1998 by the appellant Martha Njeri Wanyoike and two others in their capacity as joint administrators of the estate of one Samuel Wanyoike Karanja (the deceased), directed at the respondents Peter Macharia Mwangi, Joseph Karanja, Grace Nyambura Ndegwa, Moses Maina Thuki and Kuria Ngware respectively. It was averred, inter alia, in the said plaint that sometime in the year 1988 the deceased without the consent of the family members purported to sell variously seven (7), four (4), three (3), two (2) and three (3) acres (the suit portions) out of plot No. 783 situate in Nyandarua District (the suit property) to the respondents; that the said transactions were devoid of the blessings of the area Land Control Board thereby rendering them null, void and unenforceable in law; that the appellant and her co-administrators had variously requested the respondents to accept any monieā€¦

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