WAITHIRA GITAU (AS ADMINISTRATOR OF THE ESTATE OF GITAU ICHAGAI (DECEASED) V. NJERI KURU,BEATRICE WAITHIRA KURU & WANJIRU KURU

JUDGMENT OF THE COURT

This is a fairly old matter that has spent thirty years in court. Suit in the High Court was filed in the year 1985. However due to various reasons, the matter was not heard until the year 2002 by Mbito J., who unfortunately resigned his station as judge before he had written the judgment. At the direction of the Hon. Chief Justice at the time, the file was allocated to Visram J. (as he then was) to write the judgment based on the typed proceedings that had been recorded by Mbito J. That judgment was delivered on October 2004.

This appeal relates to land that was originally known as Komothai/Gathugu/966 (hereinafter referred to as the suit property) which was registered in the name of Gitau Ichagai (hereinafter referred to as the deceased). He and the respondents were the children of one Kuru Ichangai (hereinafter referred to as the deceased patriarch). During the course of the trial before the High Court, the deceased passed away and was replaced in the suit by hi…