JOHN FRANCIS MUYODI V. PETER LUNANI ONGOMA, CELTEL ALIAS ZAIN KENYA LIMITED & SAFARICOM LIMITED

JUDGMENT OF THE COURT

In this appeal from the judgment of Kibunja, J, the appellant, John Francis Muyodi, seeks a declaration and orders that he is the absolute owner of Land Parcel Number Marachi/Elukhari/1482 (herein referred to as “Land Parcel 1482”) and that it be registered in his name for the benefit of the estate of the Laurent Ongoma (the deceased).

By an Originating Summons dated 12^th August 2009, the appellant filed a suit for adverse possession against the 1^st, 2^nd and 3^rd respondents where he claimed:-

That he had been in actual possession of Land Parcel 1482 operating a market and grazing cattle thereon since 1952 peacefully, openly and without interruption.

That by the time the 1^st respondent bought the land and had it registered in his name, the seller’s title had been extinguished, and as a result the 1^st respondent held the land in trust for him.

That the appellant be declared as the owner of Land Parcel 1482 and that the title be registered in his name for the benefit of …