ROSE WAKUTHI MWANGI NJUNU (SUING AS ADMINISTRATOR OF THE ESTATE FOR THE LATE JULIUS W MWANGI NJUNU) V. EDWARD KITHINJI, HOUSING FINANCE COMPANY OF KENYA & ABDILLAHI WARSAME ALI T/A NADHIA AUCTIONEERS

JUDGMENT OF THE COURT

Introduction

1. This is an appeal from the judgment of the High Court (Kimaru, J) delivered on 14^th October 2009 dismissing the appellant’s suit for nullification of the 1^st respondent’s title to the property known as title number Nairobi/Block 99/244 Nairobi.

2. The suit giving rise to this appeal, was instituted by Rose Wakuthii Mwangi Njunu, the widow and one of the administrators of the estate of Julius W. Mwangi Njunu, deceased who died on 5^th July 2005. Rose Wakuthii Mwangi Njunu died on 11^th January 2016 during the pendency of this appeal. Robert Nguare Mwangi, who was administering the estate of Julius W. Mwangi Njunu jointly with Rose Wakuthii Mwangi Njunu, applied to the Court by an application filed on 26^th September 2016, to be substituted as the appellant in place of Rose Wakuthii Mwangi and an order for substitution was duly granted by the Court. Consequently, for purposes of this judgment, “the appellant” refers to Robert Nguare Mwangi; “the deceased”…