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LUCY WANJIRU KIRUHI & 5 OTHERS
V.
LILIAN WAIRIMU NGATHO

(2020) JELR 99544 (CA)

Court of Appeal 22 May 2020 Kenya
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Case Details

Suit Number:Civil Appeal 231 of 2015
Judges:Martha Karambu Koome, Daniel Kiio Musinga, Stephen Gatembu Kairu
Location:Nairobi
Other Citations:Lucy Wanjiru Kiruhi & 5 others v. Lilian Wairimu Ngatho [2020] eKLR

JUDGMENT OF THE COURT

1. The appeal arises from the ruling of Nyamweya, J. dated 31st January 2014 in HCCC No. 745 of 2001 (O.S). The ruling was in respect of an application by the appellants and 15 other persons, (all referred to as the appellants), who are all purchasers of various parcels of land, being sub-divisions of LR No. 5964/1 “the suit property.”

2. The appellants made applications to be joined as defendants to the suit that had been filed by the respondents. At the time of making the application the suit had been heard and a judgment delivered by Ojwang, J. (as he then was) on 30th July 2010. The appellants further sought a review of the said judgment and setting it aside so that the suit would be heard de novo.

3. The appellants stated that they were innocent and bona fide purchasers of various subdivisions of the suit property that was previously owned by Moki Savings Co-operative Society Limited (the first defendant in the High Court suit) and other third parties; that the…

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