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Salesio M'itonga v. M'arithi M'athara, Raphael Mwebia, Phineas Kimathi Arithi & Silas Muriungi

(2015) JELR 95051 (CA)

Court of Appeal  •  Civil Appeal 6 of 2013  •  26 Feb 2015  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, James Otieno Odek

Judgement

JUDGMENT OF THE COURT

1. This is the second appeal from the judgment of the High Court (Lessit, J.) dated 3rd March, 2012 wherein the learned Judge set aside the trial court's judgment, dismissed the appellant's suit and entered judgment in favour of the respondents.

2. In order to appreciate the nature of the dispute, it is necessary to set out the salient facts of this case. By a further amended Plaint, the appellant filed suit in the Chief Magistrates court at Meru. He sought inter alia an order compelling the respondents to transfer 3 acres from Abogeta/U-Kithangari/28, (original parcel); an order directing the land registrar Meru to cancel the subdivisions of the original title being Abogeta/U-Kithangari/1495, 1496, 1497 and 1498 (suit properties).

3. The appellant and the 1st respondent are brothers. It was the appellant's case that the original parcel belonged to their late father, M'Athara Mutiambia; during the demarcation period the original parcel was registered in the 1st resp…

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