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Susan Wangari Mwangi v. Nangenye Gatonye Waragania

(2014) JELR 95089 (CA)

Court of Appeal  •  Civil Appeal 13 of 2014  •  17 Jun 2014  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, James Otieno Odek

Judgement

JUDGMENT OF THE COURT

1. Before us is an appeal from the ruling of the High Court dated 14th October, 2011. The High Court in the said ruling declined to reinstate the appellant’s appeal which had been dismissed for want of prosecution and attendance.

2. The background of this appeal is that the respondent filed suit in the Principal Magistrate’s Court at Muranga seeking inter alia an order dissolving the trust over land parcel Loc.19/ Kiawambogo/806 (suit land) measuring 4.7 acres; transfer of the suit land to the respondent. It was the respondent’s case that he left the suit land to one Macharia Waruinge to hold in trust for him; Macharia Waruinge consolidated the suit land and registered it in the name of Mary Kamwagira Karuga who held the same in trust for the respondent. Macharia Wariunge and Mary Kamwagira Karuga refused to transfer the suit land to the respondent hence the suit. After considering the evidence, the trial court vide a judgment dated 25th February, 2000 ordered a po…

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