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Mungai Njoroge & Ng'ang'a Wainaina v. Kiarie Njoroge & Mungai Muhindi

(2020) JELR 98829 (CA)

Court of Appeal  •  Civil Appeal 119 of 2013  •  7 Aug 2020  •  Kenya

Coram
Mohammed Abdullahi Warsame, Sankale ole Kantai, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

When this appeal came up for hearing on 12th May, 2020 we allowed a Motion that prayed for joinder of a party – John Fredrick Njau who claimed to have purchased part of the suit land.

The dispute before the High Court in H.C.C.C. No. 92 of 1991 has had a long chequered history. By the time Koome, J (as she then was) was delivering a Judgment on 17th February, 2012 she observed that the dispute had been raging for almost 30 years. And we are here over 8 years later meaning the dispute which we hope to finally resolve is about to celebrate a 40th birthday! Yet the parties to the original suit were siblings.

The original suit (as amended) was filed by 2 brothers Kiarie Njoroge Wainaina (the 1st respondent) and Mungai Muhindi (now deceased) against their brother Mungai Njoroge (the 1st appellant). The 2nd appellant Ng’ang’a Wainaina came into the scene later to protect an interest he claimed as a purchaser of part of the land.

The whole dispute revolved around a parcel o…

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