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Onesmus Njoroge Thika v. D H Ndegwa & another

(1987) JELR 94924 (CA)

Court of Appeal  •  Civil Appeal 82 of 1984  •  29 May 1987  •  Kenya

Coram
John Mwangi Gachuhi, James Onyiego Nyarangi, Fred Kwasi Apaloo

Judgement

REPUBLIC OF KENYA

IN THE COURT OF APPEAL OF KENYA

AT NYERI

(CORAM: NYARANGI, GACHUHI and APALOO JJA)

CIVIL APPEAL NO 82 OF 1984

ONESMUS NJOROGE THIKA.....................APPELLANT

v.

D H NDEGWA and ANOTH...........................RESPONDENT

RULING

The Notice of Motion under rules 80 and 42 of the rules of this court arises in the context of a dispute over land title No Kiine/Kiangai/163 between Onesmus Njoroge Thika the appellant, and D N Ndegwa and Benjamin Githinji Ndegwa, the respondents. The appellant as plaintiff claimed that D N Ndegwa fraudulently procured the registration of the material land title in his names, and the plaintiff’s case is that the respondents jointly and severally do transfer to him (the plaintiff) the land title number Kiine/Kiangai/163. following a chamber summons taken out on September 19, 1983 under Order VI rule 8(2) of the Civil Procedure Rules; it was ordered by consent that the plaintiff do within 14 days from September 9, 1983 file and serve upon the advocate…

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