VIRGINIA NJOKI NJUGUNA & ANOTHER V. FLORENCE WARUGURU NJUGUNA & 3 OTHERS
(2012) JELR 95131 (CA)
Court of Appeal
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Civil Appeal 141 of 2008
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5 Jul 2012
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Kenya
Coram
Alnashir Ramazanali Magan Visram, John walter Onyango Otieno, Roselyn Naliaka Nambuye
Judgement
<p class="ql-align-center"><strong>JUDGMENT OF THE COURT</strong></p><p class="ql-align-justify"><em>Francis Njuguna Githiri</em> <em>alias</em> <em>Njuguna s/o Githiri</em>, was the registered owner of two parcels of land, the subject of this appeal, namely land parcel No. Githi/Muthambi/1078 and Githi/Muthambi/68. He was also the husband of <em>Virginia Njoki Njuguna</em> and <em>Wangui Njuguna</em> <em>Githiri</em>. With Virginia he sired <em>Festus Githiri Njuguna</em>, the second appellant in this appeal whereas with Wangui, he sired <em>Florence Waruguru Njuguna</em>, <em>Richard Githiri</em> and <em>Timothy Kariuki</em> <em>Njuguna</em>, the first, third and fourth respondents respectively. Wangui is the second respondent whereas <em>Virginia Njoki Njuguna</em> was the first appellant but is now deceased and her son Festus Githiri though not officially substituted in her place, has obtained Letters of Administration in respect of her estate. <em>Francis Njuguna Githiri</em> died intestate on 23<sup>rd</sup> July, 1995, leaving both wives and his children mentioned herein. As we have stated, after his demise and before the appeal was heard <em>Virginia Njoki Njuguna</em> also passed on.</p><p class="ql-align-justify">O…</p>