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Stephen Wanyoike Kinuthia (Suing on behalf of John Kinuthia Marega (deceased) v. Kariuki Marega & Peter Mungai

(2018) JELR 94857 (CA)

Court of Appeal  •  Civil Appeal 201 of 2012  •  11 May 2018  •  Kenya

Roselyn Naliaka Nambuye, Milton Stephen Asike Makhandia, William Ouko



The matter giving rise to this appeal revolves around a family dispute over the ownership of PLOT NO. GITHUNGURI/GATHIEKO/412, the suit property. The dispute can be traced back to the death of John Kinuthia Marega on 13th July, 1992. A few years after his death, his brothers, the respondents on the one hand and his nephew, the appellant, on the other hand disagreed over the ownership of the suit property. In the year 2001, the appellant alleged that the respondents destroyed the fence de-alienating the boundaries between the suit property and GITHUNGURI/GATHIEKO/373 (both previously identified as LR. No. GITHUNGURI/GATHIEKO/179) and in the process illegally appropriated approximately one acre of the suit property. While the appellant insisted that the suit property belonged to his late father and that the respondents, without any colour of right occupied it using a forged court order which purportedly also barred the appellant from accessing the suit property. Theā€¦

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