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ELIZABETH NJERI KAMAU (SUING AS THE PERSONAL REPRESENTATIVE OF THE ESTATE OF WAINAINA MBUTHIA RANJI ALIAS WAINAINA MBUTHIA GACHOKI (DECEASED)
V.
CYRUS JOSEPH KARANJA & ANOR

(2022) JELR 113437 (CA)

Court of Appeal 4 Feb 2022 Kenya
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Case Details

Suit Number:CIVIL APPEAL 21 OF 2018
Judges:RN NAMBUYE, JA PO KIAGE, JA S OLE KANTAI, JA
Location:Nairobi

JUDGMENT

  1. This is a first appeal arising from the judgment and decree of the Environment and Land Court at Nairobi (P. Nyamweya, J.) (as she then was) dated and delivered on 16th April, 2015 in Nairobi ELC Cause No. 1666 of 2007.

  2. The background to the appeal albeit in a summary form is that the appellant took out a plaint dated 11th October, 2005 against the respondents allegedly in her capacity as the personal representative of the estate of Wainaina Mbuthia Ranji alias Wainaina Mbuthia Gachoka (deceased). In the plaint, the appellant averred, inter alia, that on or about 12th June, 1958, the deceased who was a father-in-law was registered as the absolute proprietor of LR No. Ndumberi/ Ting’ang’a/448 (hereinafter referred to as the original suit property). On or about 10th July, 1995 the 1st respondent while in cahoots with the 2nd respondent and without her knowledge, consent and or participation illegally and wrongfully caused title to the original suit property to be subdivided into …

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