Customer Support

MARY NJAMBI GITHEGI
V.
CHRISTINE WAMBUI MWAURA

(2022) JELR 113644 (CA)

Court of Appeal 18 Mar 2022 Kenya
BriefBot icon

BriefBot Summary

Free

- Christine, as administrator of her late husband Henry’s estate, sued Njambi, widow and administrator of the late Livingstone's estate, alleging that Livingstone had held 50 acres of LR No. 14/354 in trust for Henry, and that Njambi fraudu

Case Details

Suit Number:Civil Appeal 216 of 2016
Judges:HM Okwengu, JA AK Murgor, JA J Mohammed, JA
Location:Eldoret

JUDGMENT

[1] This appeal originates from a suit that was filed in the Environment and Land Court (ELC) at Eldoret by Christine Wambui Mwaura (Christine), against Njambi L.K. Githegi alias Mary Njambi Githegi (Njambi), who is now the appellant. Christine is widow to the late Henry Mwaura Thiong’o (Henry) and Njambi is widow to the late Livingstone Kariuki Gathengi (Livingstone). Christine is the administrator of Henry’s estate while Njambi and her co-wife Njeri Githegi are the administrators of Livingstone’s estate.

[2] Christine claimed that there was a trust arising between her deceased husband (Henry), and Njambi’s deceased husband (Livingstone), pursuant to which Livingstone was prior to his death holding 50 acres forming part of land known as Eldoret Municipality Block LR.14/354 (LR No. 14/354) in trust for Henry, but that Njambi who was aware of the trust had fraudulently, unlawfully and illegally subdivided LR. No. 14/354 into 99 portions, and transferred the plots into her name i…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.