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Stephens & 6 others v. Stephens & another

(1987) JELR 94922 (CA)

Court of Appeal  •  Civil Appeal 18 of 1987  •  24 Jul 1987  •  Kenya

Coram
Joseph Raymond Otieno Masime, Fred Kwasi Apaloo, James Onyiego Nyarangi

Judgement

IN THE COURT OF APPEAL

AT MOMBASA

(CORAM: NYARANGI, APALOO JJA and MASIME AG JA)

CIVIL APPEAL NO. 18 OF 1987

STEPHENS and 6 OTHERS ....................... APPELLANTS

VERSUS

STEPHENS and ANOTHER...........................RESPONDENT

(Appeal from the High Court at Mombasa, Bhandari J)

JUDGMENT

The late Harry Claphans Stephens (hereinafter called the deceased) died intestate on January 14, 1958. The evidence is such that it is not possible to paint an accurate picture of his personal circumstances. But he seems to be a man of small means. The only known assets he died possessed of, were a plot of land 5.52 acres in area at Kisauni, Mombasa, a piece of unregistered land at Taveta, a motor vehicle and some unspecified personal effects. The Kisauni plot was his home and that of his family. It is the plot in dispute in the suit which culminated in this appeal. The late HC Stephens was survived by a wife, three sons and three daughters. These were his own off-spring. They are the appellants in this cas…

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