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Mwai Kabuthi v. Karimi Kabuthi

(2017) JELR 98752 (CA)

Court of Appeal  •  Civil Appeal 51 of 2014  •  1 Mar 2017  •  Kenya

Coram
Roselyn Naliaka Nambuye, Hannah Magondi Okwengu, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

By a plaint dated the 22nd day of September, 2011, the respondent Karimi Kabuthi sued the appellant Mwai Kabuthi vide Kerugoya HCCC No.393 of 2013 seeking a declaration that the appellant held Land Parcel No.Mutira/Kaguyu/145 (the suit property) in trust for himself and the respondent; determination of trust in the suit property and the Land Parcel No. Mutira/Kaguyu/145 to be divided into two equal portions and registered in the names of the Respondent and the appellant; a permanent injunction against the appellant restraining him through himself, his agents and/or in any other way interfering with the respondent’s possession of Land parcel No. Mutira/Kaguyu/145; costs and interest at court rates.

The appellant resisted the respondent’s claim vide a defence dated the 3rd day of June, 2013 in which he denied the respondent’s allegation that he had been registered as a proprietor of the suit property in trust for himself and the other siblings; that his late father w…

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