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PETER NJAU KAIRU v. STEPHEN NDUNG'U NJENGA & LEONARD MICHUKI MUNIU

(1998) JELR 94272 (CA)

Court of Appeal  •  civ app 57 of 97  •  13 Nov 1998  •  Kenya

Coram
Johnson Evan Gicheru, Effie Owuor

Judgement

JUDGMENT OF THE COURT

The subject-matter of this appeal is a piece or parcel of land now known as plot No. LIMURU/KAMIRITHU/1967 and I will henceforth in this judgment refer to the same as "the suit land". The suit land was originally part of a larger plot known as LIMURU/KAMIRITHU/598 having an area of approximately 0.45 of an acre. Plot No.598 was owned by Joshua Matejwa, William Wakahare, Leonard Michuki and Leah Wairimu as tenantsin- common, in equal shares. Matejwa's portion had a building on it from which he was trading. Next to Leonard Michuki's portion, there was the portion of William Wakahare on which portion one Francis Kairu Njau carried on some business.

Leonard Michuki's and Leah Wairimu's portions had no buildings thereOonn . 14th September, 1995 Stephen Ndungu Njenga (the respondent) filed a suit in the superior court, by way of an Originating Summons, under Order 36 rule 3D of the Civil Procedure Rules claiming a declaration that he had become entitled, by way of advers…

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