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Suraj Plaza Limited, Manji Shanji Halai, Kantilal Dhanji Halai & Kilyan Dhanji Halai v. Tabitha Wangeci Nderitu

(2017) JELR 94036 (CA)

Court of Appeal  •  Civil Appeal 270 of 2011  •  29 Sep 2017  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Jamila Mohammed, Fatuma sichale

Judgement

JUDGMENT OF THE COURT

This is an appeal against the judgment of Abida Ali Aroni, J. rendered on 30th August, 2011.

A brief background to this appeal is that on the 28th July, 2002 TABITHA WANGECI NDERITU the then plaintiff (suing as guardian ad litem to SIMON NDERITU KARIUKI) and the respondent herein filed a plaint dated 26th July, 2002 in Nairobi HCCC No. 1262 of 2002. SURAJ PLAZA LIMITED, the 1st appellant herein was named as the 1st defendant whilst SURAJ DHANJI was named as the 2nd defendant. On 6th May, 2003 the respondent, again suing as guardian ad litem to SIMON NDERITU KARIUKI (and the then plaintiff) filed Nairobi HCCC No. 414 OF 2003 and

SURAJ PLAZA LIMITED, MANJI DHANJI HALAI, KANTILAL DHANJI HALAI and KILYAN DHANJI HALAI (the appellants herein) were named as the 1st, 2nd, 3rd and 4th defendants respectively.

In Nairobi HCCC No. 1262 of 2002, the respondent’s contention was that SIMON NDERITU KARIUKI (SIMON) was the lawful owner of property known as LR. NO. 209/1240 in Nairo…

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