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Nicholas Njeru v. Attorney General & 8 others

(2013) JELR 96522 (CA)

Court of Appeal  •  Civil Appeal 110 of 2011  •  14 Oct 2013  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, James Otieno Odek

Judgement

JUDGMENT OF THE COURT

[1] This is an appeal against the judgment of Karanja, J., (as she then was), dated 15th March, 2011, in Embu HCCC No. 165 of 2008. The dispute in this appeal has had a chequered history which is well captured in the judgment, the subject matter of this appeal. This dispute goes back to 1964, when Mukere clan represented then by; Nyaga Mutumbi, Nyaga Mwongonge filed a Land dispute being Case No. 10/64 before the Mbeere African Court against Nditi Clan then represented by Lameck Gichangi, Nyaga Gathathi, Mathew Mugo Ngari, Erasmus Ireri, Jamlick Njiru and John Mutitu Ngacha. The original parties from both clans have since died but they have been substituted over the years by their successors’ in title. Nonetheless the character of the dispute has never changed, it remains a dispute over parcels of land in an area called Evurori within Nguthu Adjudication area between Mukera Clan on one hand and Nditi clan on the other.

[2] The records before us show that after the m…

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