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Robert Maina Murogo, Sammy Munene Murogo, Ephraim Kinyua Murogo, Jackson Kinyua & Anthony Njau Murogo v. Simon Munene Mbugugia substituted party for Joyce Wagichugu Mbugugia

(2018) JELR 94835 (CA)

Court of Appeal  •  Civil Appeal 30 of 2016  •  23 May 2018  •  Kenya

Sankale ole Kantai, Fatuma sichale, Patrick Omwenga Kiage



The five appellants, all of whom are the sons of Susan Wakanyei Murogo (Susan), were sued together with their mother by her sister Joyce Wagichugu Mbugugia (Joyce), before the Senior Principal Magistrate's court at Kerugoya in a suit that was later transferred to the High Court there. Joyce later died and was substituted by her son Simon Munene Mbugugia. What that suit as amended sought as against Susan and her co-defendants sons were orders for;

“(a) The determination of trust.

(b) An order for consolidation of land parcels No. MUTIRA/KATHARE/774, 775, 776, 777 and 778 into a single unit and subsequent transfer of half (1⁄2) share out of the consolidated unit to the plaintiff.

(c) Costs of the suit.

(d) Interest on (c) above at court rates.

(e) Any other relief the court deems fit to grant to meet the ends of justice.”

Susan alone of the defendants filed a defence and so interlocutory judgment was sought and obtained against those who defaulted. The case proceeded to h…

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