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PETER KAMONDIA NJUGUNA V. PAUL NG'ANG'A GACHIE

(2020) JELR 95681 (CA)

Court of Appeal  •  Civil Appeal 274 of 2011  •  19 Jun 2020  •  Kenya

Coram
William Ouko JA Patrick Omwenga Kiage JA Agnes Kalekye Murgor JA

Judgement

JUDGMENT OF THE COURT

The appellant, Peter Kamondia Njuguna, has brought this appeal against the judgment of the High Court (Angawa, J) that upheld the Kiambu Land Registrar’s order for the boundaries in respect of Land parcel no. Kiambaa/ Kanunga/789 (the subject land) to be ascertained.

By the time of hearing the appeal, both Peter Kamondia Njuguna (the appellant) and Paul Ng’an’ga Gachie (the respondent), the original parties had passed on. They were both represented by their personal representatives, Mr. Daniel Njuguna, and Mr. David Gachie Ng’ang’a respectively, both of whom submitted in person. We will nevertheless retain the description of the parties, as the appellant and the respondent.

The brief facts of the appeal, as can be discerned from the record are that Veronica Mumbi Njuguna (Veronica) and the appellant are brother and sister. In 1982 a dispute over inheritance of their father’s estate arose between them, where Veronica claimed that the appellant held land parcel no Ki…

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