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NJOROGE KARANJA & ANOTHER
V.
KARANJA MWANGI

(1998) JELR 104218 (CA)

Court of Appeal 26 May 1998 Kenya
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Case Details

Suit Number:Civil Appeal 296 of 1997
Judges:Riaga Samuel Cornelius Omolo, Gurbachan Singh Pall, Abdulrasul Ahmed Lakha
Location:Nairobi
Other Citations:NJOROGE KARANJA & another v. KARANJA MWANGI [1998] eKLR

JUDGMENT OF THE COURT

This is an appeal by the unsuccessful plaintiffs from a judgment and decree of the superior court (Aganyanya,J.) given on October 22, 1997 whereby he dismissed the plaintiffs' originating summons seeking a declaration that the respondent holds the suit property namely Loc.6/GIATHAINI/703 in trust for the plaintiffs and other consequential reliefs.

At the hearing of the summons before the superior court the parties gave evidence when they were cross-examined. The defendant in addition called two witnesses. In a reserved judgment the learned judge held that it was only reasonable to accept the respondent's evidences that he was registered as proprietor of the suit property by his father who had alone contributed money to redeem the suit property from previous purchases and the appellants had refused to assist. The learned judge accepted the respondent's version and rejected that of the appellants. In the result, he dismissed the appellants' suit with costs.

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