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THUMBI GIKIRA v. GEORGE GATHIRUA MWARIRI GATHIRUA …………..

(1984) JELR 95231 (CA)

Court of Appeal  •  civil appeal 74 of 83[1]  •  27 Aug 1984  •  Kenya

Coram
Zakayo Richard Chesoni, James Onyiego Nyarangi, Alan Robin Winston Hancox

Judgement

JUDGMENT OF THE COURT

The respondents, as plaintiffs, sued the appellant claiming that, on or about the year 1958, the appellant was registered as proprietor in land parcel No. Othaya/Itemeini/360 comprising 12.7 acres in trust for himself and the respondents, in particular, that the appellant was so registered to hold 8.47 acres in trust for the second respondent who was then, in detention and the first respondent who was a minor. The respondents complained that the appellant had refused them from being registered in their respective portions. The respondents sought the usual prayer for a declaration that the appellant held 8.7 acres in trust for them, an order for the sub-division of the 12.7 acres into three portions and in the alternative, a declaration that the respondents are entitled to be registered as proprietors of 8.47 acres in the material land.

In his defence, the appellant, as defendant, denied that he was registered to hold upon trust for the respondents, averred that the…

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