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Murungi Kirigia v. Catherine Kagwiria

(2011) JELR 98800 (CA)

Court of Appeal  •  Civil Application 149 of 2011  •  2 Dec 2011  •  Kenya

Emmanuel Okello O'Kubasu, John walter Onyango Otieno, Erastus Mwaniki Githinji



In a plaint dated 27th November, 2003 and amended on 26th October, 2007, the respondent in this Notice of Motion dated 8th June, 2011, CATHERINE KAGWIRIA MURUNGI, sued the applicant MURUNGI KIRIGIA in the High Court at Meru seeking a declaration that the applicant held L.P. NO. IGOJI/KIANGUA/310 which had been subdivided and was then L.R. IGOJI/KIANGUA/2036, IGOJI/KIANGUA/2037 and IGOJI/KIANGUA/2038 in trust for her benefit and sought that the pieces of land be transferred to her. The applicant denied those allegations in a statement of defence filed on 16th February, 2004, but when the suit came up for hearing, the applicant’s counsel attended court and cross examined the respondent’s witnesses but as the applicant was absent, his counsel applied for adjournment at the close of the respondent’s case. That application for adjournment was refused and the court proceeded to consider the evidence before it and in a reserved judgment delivered on 9th July, 2009, the cou…

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