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Njue Ngai v. Ephantus Njiru Ngai & Irene Marigu Ngai

(2016) JELR 94575 (CA)

Court of Appeal  •  Civil Appeal 29 of 2015  •  3 Feb 2016  •  Kenya

Coram
Philip Nyamu Waki, Roselyn Naliaka Nambuye, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

Introduction

1. The appeal before us seeks a determination of the issue whether a suit filed by the appellant was Res judicata or an abuse of court process as declared by the Environment and Land Court (ELC) (Bwonong’a J.) sitting in Embu on 29th January 2015. The appellant Njue Ngai (Njue) and the two respondents Ephantus Njiru (Ephantus) and Irene Marigu (Irene) are siblings of the same mother, the late Josephine Magwi Ngai (the mother) who died in the year 2000. Njue was represented before us, as he was before the ELC, by learned counsel Mr. Okwaro Muyodi, while both Ephantus and Irene were represented by Mr. Njeru Ithiga. The historical context of the appeal is necessary and we shall relate it briefly.

Background.

2. For the last 15 years, Njue has unsuccessfully sought the stamp of judicial authority that he was the sole proprietor of all that parcel of land known as KYENI/KIGUMO/609 (plot 609) measuring approximately 2.77 Hectares or 6.85 Acres. He did not acqu…

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