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PRESBYTERIAN CHURCH OF EAST AFRICA (UTHIRU CHURCH) & ANOR
V.
WANYIRI KIHORO & 3 ORS

(2022) JELR 113502 (CA)

Court of Appeal 4 Feb 2022 Kenya
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Case Details

Suit Number:Civil Appeal 303 of 2018
Judges:DK Musinga, JA W Karanja, JA AK Murgor, JA
Location:Nairobi

JUDGMENT

  1. The property in dispute in this appeal is L.R. No. Dagoretti/Uthiru/T.382, hereinafter referred to as “the suit property.” The dispute, which is over ownership of the suit property, is primarily between the two appellants and the 1st and 2nd respondents. Whereas the two appellants allege that they acquired legal possession of the suit property sometime in the year 1974 by way of allotment by the Kiambu County Council through the 3rd respondent, the 1st and 2nd respondents, who are the administrators of the Estate of the late Dr. Wanjiru Kihoro, (deceased), allege that the deceased purchased the suit property on 22nd January 1982 for valuable consideration from one Ndibo Nthenge and on 31st March 1983, the suit was registered in the deceased’s name

  2. The 1st and 2nd respondents had, vide a plaint dated 22nd July 2013, instituted a suit against the two appellants herein, the Hon. Attorney General and the Town Council of Kikuyu at the Environment and Land Court at Nairobi seeking th…

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