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Wageche Mariyu v. Muturi Mariyu

(2013) JELR 96641 (CA)

Court of Appeal  •  Civil Appeal 135 of 2010  •  4 Jul 2013  •  Kenya

Coram
Martha Karambu Koome, Roselyn Naliaka Nambuye, James Otieno Odek

Judgement

JUDGMENT OF THE COURT

This is a second appeal from the original judgment of the Principal Magistrate, Murang’a (F.F. Wanjiku) in Muranga Civil Case Number 54 of 1994. Wangeche Mariyu (appellant). The appellant filed the aforesaid suit against his brother, Muturi Mariyu (respondent). The appellant claimed that during the land consolidation, the respondent was registered as proprietor and trustee of land known as Loc.9/Kanyenyaini/274 and Loc. 9/Kanyenyaini/T134, for himself and the appellant. The appellant contended that he made demand to the respondent to transfer a half share of the aforesaid parcels of land, but the respondent refused or neglected to do so.

The appellant sought for a declaration that the respondent was holding the said parcels of land in trust for himself and the appellant and an order that the respondent do transfer, a half share of the two parcels of land to the respondent. In his statement of defence, the respondent denied the allegation that the two parcels of lan…

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