Customer Support

SAMSON GETANGITA NKWEGE & 2 OTHERS
V.
ANISON NYAHIRI MUHINDI

(2008) JELR 95627 (CA)

Court of Appeal 15 Feb 2008 Kenya
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:Civil Appli 308 of 2007 (UR 211/07
Judges:Philip Kiptoo Tunoi, John walter Onyango Otieno, Erastus Mwaniki Githinji
Location:Nairobi
Other Citations:Samson Getangita Nkwege & 2 others v. Anison Nyahiri Muhindi [2008] eKLR

RULING OF THE COURT

The respondent in this notice of motion dated 3rd December 2007 and filed on 6th December 2007, Anison Nyahiri Muhindi, claims that he bought a parcel of land measuring seven acres or thereabout comprised in title No. BUKIRA/BWISABOKA/165 measuring in total 17.2 hectares from Nkwege Mwita Mongori (deceased) who was the father of all the applicants herein, Samson Getangita Nkwege, Julius Range Nkwege and Joseph Mwita Nkwege in the year 1966. That sale was by oral agreement. He paid Ksh.7,000/= as consideration and took possession of the same parcel of land in that year but the necessary legal transactions to confer title onto him did not take place. The vendor died soon thereafter. On 27th February 2006, the respondent took out Originating Summons in the superior court against the three applicants herein in their capacity as administrators of the estate of the deceased.

The main issue the respondent wanted the superior court to determine was whether he could be regist…

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.