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STANLEY N MURIITHI & JOSEPH M STANLEY V. BERNARD MUNENE ITHIGA

(2016) JELR 95643 (CA)

Court of Appeal  •  Civil Appeal 12 of 2014  •  3 Feb 2016  •  Kenya

Coram
Philip Nyamu Waki, Wanjiru Karanja, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

In this second appeal, the appellants Stanley N. Muriithi and Joseph M. Stanley have challenged the judgment of the High Court at Embu (Ong'udi, J) dated 29th May, 2013 in Embu H.C.C.A. No. 116 of 2007. The appellants vide the memorandum of appeal dated 25th March, 2014 seek that the appeal be allowed and the judgment be set aside with costs. The appeal is premised on four grounds as follows;

That the learned Judge erred in law in failing to fairly and/or properly analyze the evidence adduced in the subordinate Courts.

That the learned Judge erred in law in disregarding the submissions made on behalf of the appellants.

That the learned Judge erred in law in disregarding the exhibits produced by the appellants.

That the learned Judge erred in law in disregarding the fact that the appellant's claim was in regard to Plot No. 19, Kibingo village whereas the Respondent's plot was Plot No. 19B Kibingo Village.”

The appeal before the High Court arose from the Senior Residen…

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