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Timothy Kagondu Muriuki, Francis Kimondo Muriuki, Jane Warigia Muriuki, Winfred Wairimu Muriuki & David Wanjohi Muriuki v. Republic, Central Province, Land Disputes Appeals' Committee, Chief Magistrate's Court, Nyeri & Dickson Muricho Muriuki

(2013) JELR 96650 (CA)

Court of Appeal  •  Civil Appeal 195 of 2009  •  26 Jun 2013  •  Kenya

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

Judgement

JUDGMENT OF THE COURT

1. The history of this matter is a sad demonstration of how far family relationships have deteriorated and continue to, as they pursue settlement of family disputes through contentious proceedings, instead of opting for other non contentious processes that promote family unity and harmony. The original proceedings were between Susan Nyambura Wahome (mother) and her son Dickson Muricho Muriuki (4th respondent). Susan died on 10th April, 2004 and was substituted by her son Timothy Kagondu Muriuki (1st appellant). All the appellants are brothers and sisters of the 4th respondent. The dispute is over a parcel of land known as Ruguru/Gachika/83 (suit property).

2. From what we can decipher from the record, it would appear to us the suit property was bequeathed to the 4th respondent by his maternal grandfather, that is the father of his mother. Susan Nyambura was married, but she left her husband either through divorce or long time separation and went back to live with h…

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