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Peter Githinji & Nahashon Mwangi Mbogo v. Julius Kiruma Kariuki, Kamau Mwangi & Attroney General

(2015) JELR 94510 (CA)

Court of Appeal  •  Civil Appeal 41 of 2014  •  24 Feb 2015  •  Kenya

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

Judgement

JUDGMENT OF THE COURT

1. Before us is a first appeal against the judgment of the High Court (Makhandia, J. as he then was) dated 18th June, 2009, wherein the 1st appellant’s title over Loc. 8/Matharite/Kiaheho/698, was cancelled and reverted to the 1st respondent.

2. By a Plaint filed in the High Court the 1st respondent sought the following orders:-

· A declaration that the plaintiff (1st respondent) is the bona fide owner of all that parcel of land known as Loc. 8/Matharite/Kiaheho/181 as shown in the original survey of the plot and which parcel includes/compromise the parcel of land known as Loc. 8/Matharite/Kiaheho/698 and further that the purported sub-division/excision of the latter parcel from the former without the knowledge or consent of the plaintiff who is the owner thereof is unjust, illegal, null and void.

· An injunction do issue restraining the 3rd defendant (1st appellant) whether by himself, successors or assigns or any one of them from disposing of, leasing, charging or …

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