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JECINTA ADHIAMBO OBILI V. ONAMU ODINGA

(2012) JELR 104308 (CA)

Court of Appeal  •  Civil Appeal 343 of 2005  •  21 Jun 2012  •  Kenya

Coram
Alnashir Ramazanali Magan Visram JA Martha Karambu Koome JA Hannah Magondi Okwengu JA

Judgement
<p class="ql-align-center">JUDGMENT OF THE COURT</p><p>1. By way of an originating summons, the appellant, <em>JECINTA ADHIAMBO OBILI</em> (suing as Administratix of the estate of the MICHAEL BWIRE ONGANDI [deceased]), sought for an order declaring that the deceased acquired by way of adverse possession a portion of land parcel<em> No. KANYAMKAGO/KAWERE II/522</em>. The appellant also sought for a determination of the following questions:</p><p><em>“ 1. Whether or not Michael Bwire Ongadi has acquired adverse possession of a portion (sic) of land measuring slightly over 1⁄2 acre with a clearly delineate boundaries.</em></p><p><em>2. If so, the name of Onamu Odinga should be cancelled therefrom and the same be substituted by (sic) the name of plaintiff herein as the adminstratix of Michael Bwire Ongadi, deceased.”</em></p><p>2. The respondent opposed the originating summons; directions were given that the dispute would be determined through oral evidence. Both the appellant and respondent adduced oral evidence in support of their respective positions. The learned trial judge…</p>

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