Rachel Wairimu Mukoma v. Hannah Wambui Githere, Wanjiku Githere, Harun Thiongo Njiri, Kaguongo Njiri, Joseph Njiru Githere & Njiriri Githere

JUDGMENT OF THE COURT

This is an appeal from the judgment of the High Court delivered on 13^th March 2007 allowing the respondents’ suit against the appellant for a declaration that the properties known as githunguri/gathangari/1057 and Githunguri/Gathangari/106 and Githunguri/Gathangari/105 are held by Mukoma Njiri in trust for himself and for Hannah Wambui Githere, Wanjiku Githere, Harun Thiongo Njiri, Kaguongo Njiri, Joseph Njiri Githere and Njiriri Githere and apportioning the same as among them.

Background

In January 1988, the respondents Hannah Wambui Githere, Wanjiku Githere, Harun Thiongo Njiri, Kaguongo Njiri, Joseph Njiri Githere and Njiriri Githere as the 1^st to 6^th plaintiffs respectively commenced a suit, by way of Originating Summons against the appellant’s late husband, Mukoma Njiri. In that suit, the respondents sought a declaration that Mukoma Njiri (hereafter referred to as “Mukoma”) holds the properties known as Githunguri/Gathangari/1057 (parcel 1057) and Githunguri/Ga…