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Moses Muriira Maingi,Francis Mutuma Maingi & Nahashon Ndereba Maingi v. Maingi Kamuru & Geoffrey Mwirigi Maingi Paul

(2013) JELR 98917 (CA)

Court of Appeal  •  Civil Appeal 151 of 2010  •  3 Oct 2013  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, James Otieno Odek

Judgement

JUDGMENT OF THE COURT

This is an appeal from the ruling of the High Court (Kasango, J.) dated 19th March, 2010 wherein the appellants’ suit was dismissed for want of prosecution.

The genesis of this appeal arises from a family dispute over L.R. No. ABOTHUGUCHI/KATHERI/293 (suit property). The appellants are the 1st respondent’s (deceased) sons and the 2nd respondent’s step brothers. The appellants’ case was that the suit property was registered in the name of their father, the 1st respondent, during the land adjudication process; and that it was held in trust for his family. Subsequently, on or about June, 1992 the deceased transferred the suit property to the 2nd respondent. The appellants’ claimed that the said transfer was fraudulent and rendered them landless. Consequently, the appellants filed a suit in 1992 in the High Court against the deceased (1st defendant therein) and the 2nd respondent (2nd defendant therein) seeking inter alia an order of cancellation of the said transfer, …

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