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JOHNSON HOME GICHUHI & GEORGE MURIUKI GICHUHI (SUING AS THE MANAGERS OF THE ESTATE OF MARGARET WANJIRU GACHUI)
V.
ISAAC GATHUNGU WANJOHI & 5 ORS

(2022) JELR 113643 (CA)

Court of Appeal 18 Mar 2022 Kenya
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Case Details

Suit Number:Civil Appeal 335 of 2017
Judges:RN Nambuye, JA HM Okwengu, JA DK Musinga, JA
Location:Nairobi

JUDGMENT

  1. This appeal originates from the ruling and order of the Environment and Land Court (ELC) at Nairobi (Bor, J) delivered on 14th July, 2017. In the ruling, the learned Judge dismissed an application dated 3rd April 2017, that had been lodged by the appellants, Johnson Home Gichuhi and George Muriuki Gichuhi seeking to revive an abated suit that had been filed by the appellants in their capacity as managers of the Estate of Margaret Wanjiru Gichuhi.

  2. The appellants instituted the suit before the ELC on 2nd February, 2007. In the suit, the appellants sought cancellation of the conveyance of LR 2009/1461 (suit property) to Isaac Gathungu Wanjohi (Isaac) and Isabella Nyanguthii Wanjohi (1st and 2nd respondents respectively), on the ground that it was obtained through fraud or mistake. During the pendency of the suit, temporary interlocutory orders of injunction were issued in favour of the appellants.

  3. Margaret Wanjiru Gichuhi (deceased) died on 12th January, 2009 and since no applicati…

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