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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

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 Kiambu District he and most of his family had emigrated in 1961 to Ol Kalou Settlement Scheme in Upper Gilgil where they occupied plot 5 of 38 to 40 acres for which he was still paying when he died. While he was there Jonah Kamau and Moses Karanja were born. The Kiambu plots were looked after by his mother and Moses Karanja was sent by him to Kiambu to help his grandmother look after these ancestral properties when he was not at school while his father, mother and four b…

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