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Peter Kamau Njuguna v. Stephen Magichu, Joseph Warari, Julius Njoroge & Francis Magichu

(2011) JELR 96407 (CA)

Court of Appeal  •  Civil Appeal 186 of 2003  •  14 Apr 2011  •  Kenya

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

Judgement

JUDGMENT OF THE COURT

1. The appeal before us relates to the estate of Njuguna Kibuthu (“the deceased” ) who died at the age of 70 on 4th June, 1974, in Githunguri, Kiambu. The deceased had four wives, two of whom predeceased him, and thirteen sons, who were all married. He owned a piece of land which was registered in his name and known as Githunguri/Ikinu/287 (plot 287) measuring about 14.4 acres, where the whole family resided in his lifetime. He also had in his name an account with the Kiambu District Farmers Union for delivery of coffee berries. The coffee was planted on another neighbouring piece of land known as Githunguri/Ikinu/320 (plot 320) measuring about 4.5 acres which was registered in the name of the first born son of the first wife Peter Kamau Njuguna (“the appellant”). 2. As soon as the deceased died, the appellant moved into plot 320 and forced out the rest of the family members who were cultivating thereon claiming that the land was his. He moved in and constructed a…

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