Nyoike (Suing as the personal representative ad litem in the Estate of Gerald Nyoike Muiruri) v Kanyi & 4 others (Civil Appeal E120 of 2021) [2024] KECA 1392 (KLR) (11 October 2024) (Judgment)
- Court
- Court of Appeal
- Case number
- 1392
- Citation
- [2024] KECA 1392 (KLR)
- Decided
- 11 October 2024
The appeal is dismissed as the appellant was not party to the transactions over the suit property and the trial court's observations and findings were borne by the evidence.
Facts
The deceased Gerald Nyoike Muiruri died intestate. His wife Catherine Njeri Kanyi obtained a grant of letters of administration and transferred land parcel No. Mitubiri/Wempa/B.L. 2/132 into her name jointly with James Kamau Kimemia and James Maina Muiruri. The appellant, Lenny Muiruri Nyoike, claimed the land belonged to the deceased and that the respondents fraudulently caused it to be transferred.
Issues
- Whether the respondents fraudulently caused the transfer of the land
- Whether the appellant is the rightful owner of the land
Reasoning
The trial court's observations and findings were supported by the evidence. The appellant was not party to the transactions over the suit property.
Outcome
Appeal dismissed
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