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Mary Mugure Daniel Kariuki v. Rahab Waruguru Kariuki, Mary Njeri Kariuki, Gladys Wanja Kariuki, Frasis Wanjiku Kariuki, Eunice Wanjiru Kariuki, George Kahara Kariuki, James Kimotho Kariuki, Lucy Mwihaki Kariuki & Hannah Wanjiru Kariuki

(2017) JELR 99241 (CA)

Court of Appeal  •  Civil Appeal 278 of 2014  •  3 Mar 2017  •  Kenya

Coram
Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti

Judgement

JUDGMENT OF THE COURT

By a plaint dated 8th November 2005 and amended on 9th February 2010, the appellant, Mary Mugure Daniel Kariuki instituted a suit in the Environment and Land Court in Nairobi against the 1st respondent, Rahab Waruguru Kariuki and her eight children, the 2nd to 9th respondents. The appellant pleaded that the transfer of the property known as Land Reference No. Kabete/Nyathuna/301 measuring approximately 2.4 hectares (the suit property) by Daniel Kariuki (the deceased) to the 1st respondent and the subsequent subdivision and transfer thereof by the 1st respondent to the other respondents was fraudulent, null and void. She further pleaded that the transfer by the deceased to the 1st respondent of his shares in Kiambu Dairy and Pyrethrum Farmers Co-operative Union Ltd and Limuru Dairy Co-operative Society Ltd was also fraudulent, null and void. Lastly the appellant averred that the 1st respondent had failed to account to her for the proceeds of sale of a property know…

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