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

(2015) JELR 96645 (CA)

Court of Appeal  •  Civil Appeal 197 of 2011  •  17 Apr 2015  •  Kenya

Coram
David Kenani Maraga, Philomena Mbete Mwilu, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

This is an appeal from the judgment of the High Court delivered on 13th 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 1st to 6th 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…

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