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ISHMAEL ITHONGO V. GEOFFREY ITHONGO THINDIU

(1981) JELR 105198 (CA)

Court of Appeal  •  Civil Appeal 16 of 1981  •  10 Jul 1981  •  Kenya

Coram
Eric John Ewen Law, Alfred Henry Simpson, Cecil Henry Ethelwood Miller

Judgement

JUDGMENT

This is an appeal from the judgment in the High court (Nairobi) Civil Case No 1031 of 1977 (per Scriven J) dated July 31, 1979.

The appellant Ishmael Ithongo made an application to the court on June 12, 1977 for an order that he be registered as the proprietor of the whole of Land Parcel Kabete/Kibichiko 190 under the provisions of the Limitation of Actions Act (Cap 22), hereinafter referred to as the Act. His grounds for the application which was dismissed were that:

1. He has been openly peacefully and as of right in possession of the said parcel of land since 1957.

2. He has since then been cultivating the land and exercising all rights of ownership.

3. And in the premises the right of the registered proprietor Geoffrey Ithongo Thindiu is time barred under the provisions of the Act

The appellant is contending that by weight of evidence he had established adverse possession of the land in question from 1957. That the learned judge was wrong in finding on the evidence; (1) that th…

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