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T M C & another v. E W T

(2014) JELR 95108 (CA)

Court of Appeal  •  Civil Appeal 134 of 2010  •  7 Apr 2014  •  Kenya

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



[1] This is a second appeal from the judgment of the High Court (Kasango, J.) wherein the learned Judge set aside inter alia An order of declaration that the respondent held Parcel No. Loc.19/Kiawambogo/[particulars withheld] (suit land), in trust for herself and the appellants and one C W C (C) which was issued by the learned Resident Magistrate at Muranga in Civil Case No 235 of 2005.

[2] By a Plaint filed at the Resident Magistrate's Court at Muranga, the appellants and C who is since deceased, sought the following orders:-

  • Declaration that the defendant (respondent) is holding the suit land in trust for herself and the plaintiffs (the appellants);
  • An order for subdivision of the suit land into four equal portions.

[3] The appellants, C, (deceased), and E T C, (deceased), are children of the late J C and J C. The respondent is the widow of E T C. The appellants averred that their late mother, J, purchased the suit land from her step- brother, M wa M; the purchas…

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