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NGUGI KIMUHU,NYANJUI KIMUHU & NDEGE KIMUHU v. WAGUTU MWANIKI,MIRIAM NYAKAIRO & MWANIKI MBUCHA MWANIKI [administarator of the estate of WAINAINA KARANJA alias MWANGI WAMBUCHA (deceased)]

(2000) JELR 98673 (CA)

Court of Appeal  •  civil misc appl 131 of 99  •  15 Feb 2000  •  Kenya

Coram
Samuel Elikana Ondari Bosire

Judgement

REPUBLIC OF KENYA

IN THE COURT OF APPEAL

AT NAIROBI

(CORAM: BOSIRE, J.A.(IN CHAMBERS)

CIVIL APPLICATION NO. NAI 131 OF 1999


BETWEEN

1. NGUGI KIMUHU

2. NYANJUI KIMUHU

3. NDEGE KIMUHU .......................APPLICANTS

AND

1. WAGUTU MWANIKI

2. MIRIAM NYAKAIRO ..............RESPONDENTS

3.MWANIKI MBUCHA MWANIKI

Application for extension oftime to file a notice of

appeal and a record of appeal out of time from the

judgment of the High Court of Kenya at Nairobi

(Justice B. Tanui) dated 25th April 1996

in

H.C.C.C. No.6000 of 1985(O.S)

***************

RULING

The three applicants brought action by Originating Summons seeking declaratory orders that they had become entitled to an interest in a parcel of land known as Ndarugu/Gakoe/205 by adverse possession and a further order that they be registered as owners thereof in place of the respondents as administrators of the estate of Wainaina Karanja alias Mwangi Wambucha, deceased, who was the registered owner of the land in question. The suit was dismissed by…

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