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ROBERT M. MUGA v. MUCHANGI KIUNGA & 2 others

(2007) JELR 94100 (CA)

Court of Appeal  •  Civil Appeal 102, 256 & 267 of 1998  •  9 Nov 2007  •  Kenya

Coram
Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu, William Shirley Deverell

Judgement

JUDGMENT OF THE COURT

1. On 22nd December, 1998 this Court ordered that these three appeals, being Civil Appeals Numbers 102 of 1998, 256 of 1998 and 267 of 1998 be consolidated and heard together for convenient disposal since the main issues in dispute in the three appeals relate to the same land and all the issues of law raised therein are common to the said appeals.

2. The dispute between the parties is protracted and has a long history. The cause of action arose in 1960 and has been in court since 1971. It is akin to the case of Jarndyce and Jarndyce (1853) narrated in Charles Dickens’s most wide – ranging and symbolic novel Bleak House, which was set in the world of Chancery. The case, which was originally brought to settle a dispute over a Will, had been running in court for generations and had used up a great deal of health and wealth in its course. During its pendency the suit had become so complicated that no man alive knew what it meant. The parties to it understood it least. …

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