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Samuel Thuita Wanjama v. Celestine Mwaniki Muna & Lilian Mweru

(2009) JELR 96675 (CA)

Court of Appeal  •  Civil Appli 155 of 2009  •  6 Nov 2009  •  Kenya

Coram
John walter Onyango Otieno

Judgement

IN THE COURT OF APPEAL

AT NAKURU

Civil Appli 155 of 2009

SAMUEL THUITA WANJAMA .....................APPLICANT

AND

CELESTINE MWANIKI MUNA AND LILIAM MWERU ........RESPONDENT

(Appeal from a judgment and decree of the High Court of Kenya at Nakuru (L. Kimaru, J.) dated 13th June, 2006

in

H.C.C.C. NO. 144 OF 2003)

***********

R U L I N G

The applicant in this notice of motion dated and filed on 13th May 2009, Samuel Thuita Wanjama and Lilian Mweru (now deceased) had a dispute in the superior court commenced by way of Originating Summons dated and filed on 27th August 2003 in which Lilian sought three declarations to be made by that court in respect of property known as L.R. No. 12250/142 situate in Free Area in Nakuru Municipality. After full hearing of that matter but before judgment was delivered, Lilian passed on on 16th March 2006. The applicant says he was not aware of this until sometimes in the year 2009 when his present advocate was served with an application for substitution of the deceased…

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