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Moses Karanja Kariuki v. Naomi Njeri Kariuki,Jonah Kamau Kariuki ,Willy Kibiro Kariuki, James Kahunyo Kariuki & James Gichinga Kariuk

(1983) JELR 98936 (CA)

Court of Appeal  •  Civil Appeal 54 of 1981  •  20 Apr 1983  •  Kenya

Coram
Alister Arthur Kneller, Chunilal Bhagwandas Madan, Kenneth D Potter

Judgement

IN THE COURT OF APPEAL

AT NAIROBI (Coram: Madan, Potter and Kneeler, JJ A) CIVIL APPEAL 54 OF 1981

MOSES KARANJA KARIUKI .......................... APPELLANT

AND

1. NAOMI NJERI KARIUKI )

2. JONAH KAMAU KARIUKI )

3. WILLY KIBIRO KARIUKI ) .................................. RESPONDENTS

4. JAMES KAHUNYO KARIUKI )

5. JAMES GICHINGA KARIUK I )

(Appeal from Judgment of the High Court of Kenya at Nairobi (Nyarangi, J) dated 3rd February, 1981

in

Civil Case 26 of 1980)

********************

JUDGMENT OF KNELLER J A

Samson (or Simon) Kariuki Kirigo died ion November 26, 1964 at Gilgil leaving Naomi Njeri as his relict and five sons called Jonah Kamau, Willy Kibiro, James Kahunyo, James Gichinga and Moses Karanja. He predeceased some daughters but they play no part in this appeal.

When he died he was already registered as proprietor of a 5-acre rural plot Kiambaa Thimbigua 118 and a 25-acre town plot Kiambaa Muchatha T 362.

Although he and his forebears hailed from Thimbigua sub location in Kiambaa location in K…

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