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JOSEPH MURIITHI NJERU
V.
MARY WANJIRU NJUGUNA & ANOR

(2018) JELR 100636 (CA)

Court of Appeal 12 Oct 2018 Kenya
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Case Details

Suit Number:Civil Appeal 145 of 2016
Judges:Alnashir Ramazanali Magan Visram, Roselyn Naliaka Nambuye, Daniel Kiio Musinga
Location:Nairobi
Other Citations:Joseph Muriithi Njeru v. Mary Wanjiru Njuguna & another [2018] eKLR

JUDGMENT OF THE COURT

Introduction

1. At the centre of this dispute is a property in Umoja I Estate, Nairobi, registered as L.R. NBI/UMOJA/BLOCK 109/268/346 (“the suit property”), on which stands a residential house known as House No. D84.

The appellant’s contention is that he lawfully purchased the suit property from Njuguna Njoroge, the 1st respondent’s husband, sometimes in 1992. However, the 1st respondent asserted that the said sale was fraudulent and successfully challenged it in court, then together with her husband sold the suit property to the 2nd respondent. The trial court found in favour of the respondents, thus giving rise to this appeal.

The respondents’ case before the High Court

2. The 1st respondent stated in her plaint that sometimes in 1977, together with her husband, they entered into a tenant purchase scheme with the City Council of Nairobi in respect of the suit property, which was registered in her husband’s name; that in 1992 she discovered that her husband had sold…

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