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Benson Mukuwa Wachira v. Assumption Sisters of Nairobi Registered Trustees

(2016) JELR 105734 (CA)

Court of Appeal  •  Civil Appeal 121 of 2006  •  30 Sep 2016  •  Kenya

Alnashir Ramazanali Magan Visram, George Benedict Maina Kariuki, Philomena Mbete Mwilu




1. Benson Mukuwa Wachira, the appellant herein, was aggrieved by the judgment of the High Court (Ojwang J, as he then was) delivered on 10th March 2006 in H.C.C.C. No.2658 of 1998 (OS) in favour of the respondent herein. In the suit in the High Court, the appellant was the respondent while The Assumption Sisters of Nairobi Registered Trustees, the respondent herein, was the applicant. The latter had brought the suit seeking orders to the effect that the appellant held land Title No. L.R. 209/9010 (“the suit land”) as trustee for the respondent because, according to the respondent, the appellant’s Title had been extinguished by the respondent’s adverse possession of more than 12 years and further that the appellant should be registered as the sole proprietor of an estate in fee simple of the suit land. A further order was sought by the respondent to restrain the alienation of the suit land by the appellant pending the determination of the suit.

2. This bei…

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