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Salim Juma Ali & Rashid Ali v. Joyce Ningala Mwamutsi (as Administrator of the Estate of David Mwamutsi Murira)

(2018) JELR 94860 (CA)

Court of Appeal  •  Civil Appeal 61 of 2017  •  10 May 2018  •  Kenya

Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja



[1] The dispute in this appeal is over the ownership of title number Mbwaka/Maereni/311 (suit land) between the families of David Mwamutsi Murira (deceased) who died in the course of the court proceedings and was substituted by Joyce Ningala Mwamutsi (respondent) and the family of Juma Ali Birwa who also died and was represented by Salim Juma Ali and Rashid Ali, the 1st and 2nd appellants respectively. The parties have been warring over the ownership of the suit land for the last four decades going all the way back from 1975 when they claim their fathers purchased the said land from the original owner one Katana Chiringa. After the father of the respondent purchased the suit land as aforesaid, the said Katana Chiringa nonetheless went on to sell the same land to the father of the appellants. The parties seem to have taken the dispute over the ownership before the local Land Adjudication Officer, the Land Appeals Committee by the Minister, the African court, and fi…

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