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Shem Sega Musala v. Wilfred Safan Munyonge, Erima Mwaniga Musala & Henry N. Musala [

(2015) JELR 96334 (CA)

Court of Appeal  •  Civil Appeal 40 of 2014  •  25 Nov 2015  •  Kenya

Coram
David Kenani Maraga, Agnes Kalekye Murgor, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

This appeal concerns land parcel number Suna/East/Area B/KWA/851 (hereinafter called “the suit property”) which the respondents contended at all times belonged to one Mariko Musala Munyonge who was the husband of the 1st respondent and the father of the appellant, as well as the 2nd and 3rd respondents. On his part the appellant contended that at all times the suit property belonged to him having been purchased from one Richard Nyangweso.

Briefly, the facts are that, Mariko Munyonge, deceased, who was the 1st respondent’s husband, and the father to the appellant, the 2nd and 3rd respondents purchased the suit property from one Andericus Amayo Gucha, but died before he was able to transfer the same into his name. It was the respondents’ case that the appellant who is the eldest son of the deceased transferred and registered himself as the proprietor of the suit property in trust for his mother and brothers. The respondents further contended that in breach of trust t…

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