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Nyoro Kimwe v. John Anderson Githinji

(2009) JELR 96649 (CA)

Court of Appeal  •  Civil Appeal 119 of 2005  •  11 Dec 2009  •  Kenya

Coram
Samuel Elikana Ondari Bosire, Philip Nyamu Waki, John walter Onyango Otieno

Judgement

JUDGMENT OF THE COURT

The appellant in this appeal Nyoro Kimwe and the respondent John Anderson Githinji are brothers. Their father died in 1952 according to the respondent. They were left with their mother and sister. Those also died later after the year 1959 but both of them could not tell the year and date when they died. The appellant said in evidence on record that in the year 1957/58, he bought land parcel Number Kiambaa/Ruaka/T67 from one Kamuiru Mareka who was the original registered proprietor but who subsequently transferred it to one Peter Kiriani Mumita on 22nd January, 1980. He filed a suit against both of them, to wit, HCCC No. 655 of 1981(OS) Nyoro Kimwe v. Kamuiru Kinyanjui and Another, and won the suit so that on 10th September 1984, he was registered the owner of the suit land. He said in evidence that he paid Ksh.600/= for the land of which Ksh.100/= was paid cash whereas the amount of Ksh.500/= was paid through his services to the vendor. The respondent’s evidence w…

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