PUBLIC SERVICE CLUB REGISTERED TRUSTEES V. MARY WANGECI KETHI KARIITHI, MARGARET NJOKI KARANJA, NGARI KARIITHI & KIBUGA KINYUA KARIITHI

RULING OF THE COURT

The suit properties in this application are Nairobi LR No. 209/1408 comprising 18.95 acres or thereabouts and LR No. 209/9629 comprising 1.404 hectares or thereabouts. The dispute is whether the smaller parcel being Nairobi LR No. 209/9629 comprising 1.404 hectares is part of the larger parcel Nairobi LR No. 209/1408 which comprises 18.95 acres. The two properties are registered in the names of different proprietors.

To appreciate the origin of the dispute, the following facts are pertinent.

The applicant, The Public Service Club Trustees, is the registered proprietors of the larger parcel of land being Nairobi LR No. 209/1408 which comprises 18.95 acres or thereabouts.

The respondents, are executors of the Will of the late Geoffrey Karekia Kariithi and, are the registered proprietors of the smaller parcel of land being Nairobi LR No. 209/9629 comprising 1.404 hectares or thereabouts.

The larger parcel of land is all that piece of land situate in Nairobi within the Ci…