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Virginia Njoki Njuguna & another v. Florence Waruguru Njuguna & 3 others

(2012) JELR 95131 (CA)

Court of Appeal  •  Civil Appeal 141 of 2008  •  5 Jul 2012  •  Kenya

Alnashir Ramazanali Magan Visram, John walter Onyango Otieno, Roselyn Naliaka Nambuye



Francis Njuguna Githiri alias Njuguna s/o Githiri, 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 Virginia Njoki Njuguna and Wangui Njuguna Githiri. With Virginia he sired Festus Githiri Njuguna, the second appellant in this appeal whereas with Wangui, he sired Florence Waruguru Njuguna, Richard Githiri and Timothy Kariuki Njuguna, the first, third and fourth respondents respectively. Wangui is the second respondent whereas Virginia Njoki Njuguna 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. Francis Njuguna Githiri died intestate on 23rd July, 1995, leaving both wives and his children mentioned herein. As we have stated, after his demise and before the appeal was heard Virginia Njoki Njuguna also passed on.


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