BEATRICE WANJERI MWANGI (SUBSTITUTED AS THE LEGAL REPRESENTATIVE OF MWANGI KANYARI (DECEASED)) V. GITHII KANYARI

JUDGMENT OF THE COURT

1. This is an appeal against the judgment and decree of the High Court of Kenya at Nairobi (Osiemo J.), dated and delivered on 10th May 2008 where the learned Judge found in favour of the respondent herein and made orders that the appellant herein transfer 0.7 acres out a portion of Land Parcel No. LOC. 19/RWATHIA/283 Kangema Division, Muranga District, measuring 1.4 acres (hereafter referred to as the suit property), to the respondent having acquired the same by adverse possession.

2. The original appellant, Mwangi Kanyari, died on 15th April, 2011 and was duly substituted by his legal representative (administrix) Beatrice Wanjeri Mwangi by an order of this Court on 23rd September 2016.

3. The genesis of this appeal is that vide Originating Summons dated 23rd June,1997 and affidavit in support thereof, the respondent sought a declaration that he was entitled through adverse possession to a half (¹⁄₂) share of the suit property which originally belonged to their lat…