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Teresia Kamene King'oo v. Harun Edward Mwangi

(2019) JELR 94584 (CA)

Court of Appeal  •  Civil Appeal 113 of 2015  •  10 May 2019  •  Kenya

Coram
Philip Nyamu Waki, James Otieno Odek, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

1. The appellant is deceased. Mr. Anthony Kilonzo King’oo and Mr. Fredrick Matee King’oo were substituted on 24th January 2018 to prosecute the instant appeal in their capacity as duly appointed administrators of the Estate of the deceased.

BACKGROUND FACTS

2. The dispute between the parties relates to Nairobi LR No. 12661/27 situated in Karen area in Nairobi County and hereinafter referred to as the suit property. The appellant together with her deceased husband Mr. Alpho King’oo Kioko purchased the suit property in 1984. Adjoining the suit property is Nairobi LR No. 12661/27 which was also owned and registered in the name of the appellant and her deceased husband.

3. During the lifetime of both the appellant and her deceased husband, they borrowed money from one Mr. Jayantkumar Jamnadas Ruparel, an estate agent and a family friend. As security for the monies loaned, the suit property was charged to Mr. Ruparel and was duly registered at the lands office. From this …

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