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Esther Gachambi Mwangi v. Samuel Mwangi Mbiri

(2013) JELR 97173 (CA)

Court of Appeal  •  Civil Appeal 251 of 2011  •  25 Sep 2013  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, James Otieno Odek, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

The suit property in this appeal is a portion of 0.20 acres of land parcel Loc. 14/Kagumoini/573 and the contiguous land parcel Loc. 14/Kagumoini/ 609. The appellant’s deceased husband James Mwangi Kinyua was the registered proprietor of land parcel Loc. 14/Kagumoini/573 while the respondent is the registered proprietor of land parcel Loc 14/Kagumoini/609. The two parcels of land are separated by a road of access.

The contention is that the respondent unlawfully encroached and entered into a portion measuring 0.2 of an acre in land parcel Loc. 14/Kagumoini/573 belonging to the appellant and has been cultivating and has built on the said portion of land. The appellant’s claim is for the respondent to move out of the 0.2 acre portion of land in parcel Loc.14/Kagumoini/573.

On his part, the respondent contends that his land parcel Loc. 14/Kagumoini/609 has a portion of 0.2 of an acre which has crossed the road and which portion borders land parcel Loc. 14/Kagumoini/573…

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