DOUGLAS MBUGUA MUNGAI V. HARRISON MUNYI

JUDGMENT OF THE COURT

On 25th March, 2009, J. B. Ojwang, J. (now Supreme Court Judge) determined two consolidated suits filed in the year 1998 in respect of a parcel of land known as Dagoretti/Riruta/s.15, measuring approximately 0.0931 Hectares (about 0.23 of an Acre) (the suit land). The first was an Originating Summons (OS) taken out by the respondent (Harrison) on 14th September 1998 seeking a declaration that he had acquired good Title to the suit land through adverse possession. The other was a plaint filed by the appellant (Douglas) contending that Harrison was a trespasser on the suit land and seeking possession, a permanent injunction and damages for trespass. The OS was treated as the plaint and the plaint was treated as the defence and counterclaim. Douglas has since the filing of the appeal died and was replaced by his daughters, Sheila Njeri Mungai and Fiona Njeri Mungai, but we shall henceforth maintain Douglas as the appellant.

Harrison called three witnesses to prove tha…