JAMES KABUI KINYANJUI V. GATHONI MWITHIGA

JUDGMENT OF THE COURT

James Kabui Kinyanjui (the appellant) sued Nahashon Mwithaga Kimani in the superior court seeking, among other reliefs, a declaration that the said Nahashon Mwithaga Kimani (the defendant) was not entitled to remain on or enter the appellants' land on Plot L.R. No. Dagoretti/Kinoo/388 (the suit land) and a permanent injunction restraining the defendant from entering or remaining on the suit land.

The defendant filed a defence in which he denied the appellant's claim and averred that he was entitled to the suit land by adverse possession having entered the suit land and remained in continuous and uninterrupted occupation since 18th December, 1965. The appellant filed a reply in which he denied the defendant's claim based on adverse possession.

The trial Judge heard the evidence and held that the defendant's claim to title by adverse possession had been made out on a balance of probabilities, and he dismissed the appellant's suit with costs, giving rise to the present…