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CHARLES GATHUMA MUNGE
V.
PETER ICHARIA MUNGE & ANOTHER

(2019) JELR 103307 (CA)

Court of Appeal 10 May 2019 Kenya
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Case Details

Suit Number:Civil Appeal (Application) 185 of 2014
Judges:Philip Nyamu Waki JA, James Otieno Odek JA, Stephen Gatembu Kairu JA
Location:Nairobi
Other Citations:Charles Gathuma Munge v. Peter Icharia Munge & another [2019] eKLR

RULING OF THE COURT

1. Occasionally, it is distressing for a court to consider and determine family feuds. The applicant, Charles Gathuma Munge and 1st respondent, Peter Icharia Munge are brothers. The dispute between the parties relate to Nairobi LR No. 9104/204 which property was originally registered in the name of the applicant but was transferred to the 1st respondent who then transferred it to the 2nd respondent, Ichamu Investments Limited.

2. The applicant filed suit against the respondents in 2003 alleging that the transfer of the property to the 1st respondent was fraudulent and the terms and conditions of transfer were not complied with. The respondents denied the allegations in entirety. Upon hearing the parties, the trial court delivered its judgment on 20th May 2014 dismissing the applicant’s suit. Both parties were represented by counsel on the date of delivery of the judgment. The applicant was aggrieved by dismissal of his suit. Nevertheless, no notice of appeal was file…

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