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Danson Mwangi Makanga v. Mary Muthoni Githui

(2017) JELR 102877 (CA)

Court of Appeal  •  Civil Appeal 53 of 2015  •  5 Apr 2017  •  Kenya

Coram
Philip Nyamu Waki, Roselyn Naliaka Nambuye, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

The appellant Danson Mwangi Makanga filed Nyeri H.C.C. No. 189 of 2011 dated the 30th November, 2011, against the respondent Mary Muthoni Githui averring inter alia that he was the registered owner of LR No. Nyeri 115/Island Farm/223 (the suit property) under the provisions of the repealed Registered Land Act, Cap 300, Laws of Kenya (the R.L.A.) and that the respondent, without any colour of right, had trespassed thereon. He therefore sought an order for eviction of the respondent, her family and properties from the suit property, damages for trespass, costs and interest.

The respondent resisted the appellant’s claim vide a defence and counter claim dated the 24th day of January, 2012, in which she inter alia averred that she was in exclusive use of approximately 7.14 hectares of the suit property in respect of which she had acquired title through the appellant’s acquiescence; and as a result of which the appellant’s claim was time barred under the Limitation of Ac…

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