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Samuel Ndiba Senior & Samuel Ndiba Junior Sued as Administrators of the Estate of Peter Kihara Gathoga (Deceased) v. Esther Wangari Kihara

(2016) JELR 94966 (CA)

Court of Appeal  •  Civil Appeal 172 of 2011  •  9 Dec 2016  •  Kenya

Coram
Erastus Mwaniki Githinji, Mohammed Abdullahi Warsame, Sankale ole Kantai

Judgement

JUDGMENT OF THE COURT

[1] This is an appeal from the judgment and decree of the High Court (Nambuye, J. as she then was) delivered on 24th September 2010 whereby the High Court entered judgment for the respondent as follows: -

“1. An order is hereby made and given that the administrators and or executors of the estate of the deceased, late Peter Kihara Gathoga hold parcel number Githunguri/Githiga/1121/comprising 10.025 acres or 4.01 hectares in trust for the benefit of the plaintiff Esther Wangari Kihara irrespective of whether the trust was expressly stated in the title or not.

2. That an order be and hereby made and given that the said trust be and is hereby ordered to be brought to an end and land parcel number Githunguri/Githiga/1121 comprising 10.025 acres or 14.01 hectares be and herby ordered to be transferred forthwith into the name of Ester Wangari Kihara.

3. The plaintiff will have the costs of the suit and interest on costs paid by the estate of the deceased defendant.

4. On th…

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