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Peter Ngugi Kabiri v. Esther Wangari Githinji & Florah Wanjiku Githinji

(2015) JELR 96676 (CA)

Court of Appeal  •  Civil Appeal 36 of 2014  •  18 Mar 2015  •  Kenya

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

Judgement

JUDGMENT OF THE COURT

The appellant Peter Ngugi Kabiri is a brother to Githinji Kabiri (deceased). The respondents are two widows of the deceased. The suit properties in dispute are LR Maragwa/Ridge 559 measuring 3.15 hectares registered in the name of the 1st respondent and LR Maragwa/Ridge/560 measuring 3.15 hectares registered in the name of the 2nd respondent. Prior to registration of the two properties in the names of the respondents, the two parcels of land were one large parcel of land known as LR Maragwa/Ridge/18 measuring 6.3 hectares which was registered in the name of the deceased Githinji Kabiri. After the death of the deceased, the large parcel of land was sub-divided into two equal portions to give rise to the two parcels registered in the names of the respondents.

The background facts relevant to this appeal are that the appellant by a plaint dated 16th September 2010 and filed in court on 24th September 2010 lodged High Court Civil Suit No. 111 of 2010 against the respon…

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