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Samuel Ngunjiri Muthuma v. Peter Kibui Nyuguto & John Mwaura Waweru

(2017) JELR 95101 (CA)

Court of Appeal  •  Civil Appeal 27 of 2016  •  20 Dec 2017  •  Kenya

George Benedict Maina Kariuki, Sankale ole Kantai, Fatuma sichale



1. Samuel Ngunjiri Muthuma, the appellant herein, lodged this second appeal in this Court on 9th May 2016 against Peter Kibui Nyuguto and John Mwaura Waweru, the 1st and 2nd respondents respectively. The appellant's first appeal to the High Court (being appeal No. 118 of 2014) against the said respondents was dismissed in a decision dated 23rd March 2015 which has provoked this second appeal.

2. The background leading to the first and second appeal shows that the appellant was a judgment debtor in Nyeri CMCC No. 612 of 2007. At the time judgment and decree was passed against him in the Chief Magistrate Court, he was the registered proprietor of the land known as Muhito/Gaturia/294 (which is hereinafter referred to as “the suit land”).

3. To recover the decretal dues amounting to Kshs 61,730/= the decree holder, the 1st respondent, applied for attachment of the suit land which was eventually sold in a public auction. The decretal sum was recovered and a surplus of sa…

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