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Christopher Kioi & Nancy Wambui Waweru (Administrators of the Estate of Mwangi Kioi (Deceased) v. Winnie Mukolwe,Julia Kirira, Hope Mutua (Administrators of the Estate of David Nyambu Jonathan Kituri (Deceased) & Lucy Wanjiru Muchai t/a Bellavinn Investments

(2018) JELR 103194 (CA)

Court of Appeal  •  Civil Appeal 218 of 2017  •  16 Feb 2018  •  Kenya

Coram
William Ouko, Kathurima M'inoti, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

This appeal arises from the judgment of the Environment and Land Court at Nairobi (Gacheru, J.), dated 27th January 2017 by which the learned judge dismissed with costs an originating summons taken out by the appellants, Christopher Kioi and Lucy Wambui Waweru, the administrators of the estate of Mwangi Kioi (Deceased) (Kioi), seeking to be registered as owners of the parcel of land known as LR. No. 10090/24 (the suit property), by adverse possession. At all material times, the suit property, which is situated in Juja and measures in area approximately 24.54 hectares, was registered in the name of David Nyambu Jonathan Kituri (Kituri), who is also deceased, but is represented in this appeal by Winnie Mukolwe, Julia Kirira and Hope Mutua, the administrators of his estate (the 1st respondents). The 2nd respondent, Lucy Nyambura Muchai t/a Bellavinn Investments joined the proceedings in the court below as an interested party because prior to the institution of the or…

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