judy.legal
Login Register

Mbogua Kiruga v. Mugecha Kiruga & another

(1988) JELR 99176 (CA)

Court of Appeal  •  Civil Appeal 52 of 1985  •  13 Oct 1988  •  Kenya

Coram
Joseph Raymond Otieno Masime, Fred Kwasi Apaloo, Harold Grant Platt

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(Coram: Platt, Apaloo and Masime JJA)

CIVIL APPEAL NO 52 OF 1985

BETWEEN

MBOGUA KIRUGA.................................................APPELLANT

AND

MUGECHA KIRUGA and ANOTHER.........................RESPONDENT

(Appeal from a judgment/decree of the High Court at Nairobi, Todd J)

JUDGMENT

October 18, 1988, Platt JA (Dissenting) delivered the following Judgment.

The plaintiff/appellant lost his suit in the High Court and he now appeals. It was not a straight-forward case. Originally his claim to parcel No Ndeiya/Makutano/76 was based on this land having been registered in the name of the plaintiff’s father Kiruga Kimani. The plaintiff pleaded that his father had died in 1957 while the plaintiff was in detention, and that on the death of his father the first defendant, his brother, Mugecha Kiruga, registered the land in his own name by fraud. Then the plaintiff took possession in 1958 and having been there ever since, he claimed that he had been in adverse possess…

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login