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Mbui Mukangu v. Gerald Mutwiri Mbui

(2004) JELR 99171 (CA)

Court of Appeal  •  Civil Appeal 281 of 2000  •  10 Dec 2004  •  Kenya

Coram
Emmanuel Okello O'Kubasu, Philip Nyamu Waki, Erastus Mwaniki Githinji

Judgement

JUDGMENT OF THE COURT

This land dispute between father and son has been raging since 1993. The first salvo was fired by the son, Gerald Mutwiri Mbui (Gerald) when he sued his father in Meru C.M.C.C. NO. 870 OF 1993 to stop him from alienating some two parcels of land and to force him to transfer portions of the land to him. Gerald did not succeed in that attempt but continued to occupy the land.

The father, Mbui Mukangu (Mbui) is the registered proprietor of parcel Nos. Abothuguchi/Ruiga/1245 (plot 1245) and Abothuguci/Ruiga/214 (plot 214) measuring 3 acres and 41⁄2 acres respectively. Both are held under the Registered Land Act (Cap 300, Laws of Kenya). He resides on plot 1245 and so does Gerald. Gerald has also planted coffee on half acre of plot 214.

Three years after Gerald failed in his case (although he says it is pending appeal before the High Court, in Meru) Mbui instituted a case of his own – Meru C.C.M.C.C. NO. 13 of 1998 pleading that Gerald had been threatening to harm him an…

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