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Simon Ngure Githinji & Charles Mwangi Gitundu v. Charles Wanjohi Wathuku

(2020) JELR 94277 (CA)

Court of Appeal  •  Civil Appeal (Application) 259 of 2002  •  24 Jul 2020  •  Kenya

Sankale ole Kantai, Agnes Kalekye Murgor, Kathurima M'inoti



“The story behind this case is the stuff for novels. It is quite a thriller and at the same time it is a serious matter for determination. Those connected with the story and have since died could be turning in their grave in anticipation of the outcome, and those living to a second coming so that the truth can declare itself.”

These words which aptly capture the intrigues of this case are to be found in this Court’s ruling of 10th December 2010 where the applicants, Simon Ngure Githinji and Charles Mwangi Gitindu had similarly applied to adduce additional evidence in the appeal, provides the backdrop against which the Notice of Motion before us dated 24th January 2020 is brought.

In the motion before us, the applicants seek to adduce additional documentary evidence in the appeal through a Supplementary Record of Appeal, which evidence includes; a) a letter dated 22nd January, 2020 from the County Civil Registrar, Nyeri Central; b) a copy of Register of Birth, Serial N…

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