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TIMBER MANUFACTURERS & DEALERS LIMITED V. FLORENCE WAIRIMU MBUGUA & SYLVIA MURUGI MBUGUA (SUING AS THE ADMINISTRATOR OF THE ESTATE OF JOSEPH KIARIE MBUGUA)

(2017) JELR 93882 (CA)

Court of Appeal  •  Civil Appeal (Application) 21 of 2015  •  10 Nov 2017  •  Kenya

Coram
Roselyn Naliaka Nambuye, Patrick Omwenga Kiage, Agnes Kalekye Murgor

Judgement

RULING OF THE COURT

By a Notice of Motion lodged on 11th November 2016 the applicants, Paul Gacheru Chege and Kelvin Mwangi Muchiri, the proposed interested parties sought to be granted leave to join and participate in the appeal between Timber Manufacturers and Dealers Limited, the appellant and the respondents, Florence Wairimu Mbugua and Sylvia Murugi Mbugua (suing as administrators of the Estate of Joseph Kiarie Mbugua).

The motion is supported by an affidavit of Paul Gacheru Chege sworn on 28th November 2016 on behalf of Kelvin Mwangi Muchiri and on his own behalf. It was deponed that the applicants had an interest in the proceedings as sometime in June 2011, one Bruno Rosiello (Bruno) offered to sell them portions of the property known as L.R. No. 4894/59 situated in Garden Estate comprising 5.05 acres (the property) and that prior to purchasing the portions, they went to the firm of Messrs Kibatia and Company Advocates where they were informed that the firm acted for both Bruno a…

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