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Njeru Murugu M’gitunga & another v Kagoni Muru Njeru [2017] KEELC 2061 (KLR)

[2017] KEELC 2061 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
2061
Citation
[2017] KEELC 2061 (KLR)
Decided
25 July 2017
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a lower court judgmentCoramNdegwa
Holding

The appeal is dismissed

Facts

The appellants (Njeru Murugu M'gitunga and Peter Mugambi Njeru) refused to show cause why their appeal should not be dismissed for want of prosecution. The respondent (Kagoni Muru Njeru) claimed her property was destroyed by the appellants and she has been staying with friendly neighbors.

Issues

  1. Whether the appellants have shown cause to dismiss their appeal
  2. Whether the respondent's property was destroyed by the appellants

Reasoning

The court found that the appellants had taken no steps to prosecute their appeal since 2012 and that the respondent has shown that her property was destroyed by the appellants.

Outcome

Appeal dismissed

Orders

  • Title to Land Parcel No. N. THARAKA/MARIMANTI/234 be cancelled and a new title be issued to KAGONI MURU NJERU

Remedies

  • Cancellation of the original title and issuance of a new title to the respondent
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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