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Ngugi Ticha v. Kiritu Ticha, Waithira Ticha & Wanjiru Ticha

(2014) JELR 98444 (CA)

Court of Appeal  •  Civil Appeal 40 of 2004  •  18 Dec 2014  •  Kenya

Coram
Daniel Kiio Musinga, Patrick Omwenga Kiage, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

This is an appeal from the judgment of the High Court (D. K. S. Aganyanya, J, as he then was) given on 6 th February 2002 dismissing the appellant’s suit for: a declaration that he is the absolute and indefeasible proprietor of the properties known as Title Number Kiambaa/Kihara/796 and Kiambaa/Kihara/204 (the suit properties); eviction of the respondents therefrom; mesne profits and general damages for trespass. When dismissing the appellant’s suit, the High Court declared that the appellant holds Title Number Kiambaa/Kihara/796 (the property) in trust “for himself and the defendants as tenants in common in equal shares.. .”

The appeal is based on the grounds that the finding by the High Court that the appellant holds the property in trust is not supported by evidence; that the learned judge granted relief that was neither pleaded nor sought; that the judgment of the High Court is based on hearsay evidence and that the judge was biased, prejudiced and partial to t…

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