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Johnson Kinyua v. Simon Gitura Rumuri

(2011) JELR 105164 (CA)

Court of Appeal  •  Civil Appeal 265 of 2005  •  8 Jul 2011  •  Kenya

Emmanuel Okello O'Kubasu, Daniel Kennedy Sultani Aganyanya, Joseph Gregory Nyamu



By an Originating Summons the respondent commenced a suit against the appellant in the superior court claiming adverse possession of the land parcel Nyaki/Giaki/Kihurine/299 registered in the name of the appellant. The land measures 12 acres approximately but the respondent admits to have occupied a portion measuring 8 acres only.

After hearing the summons the superior court, (Sitati, J.) held:-

“In the result and for reasons that I have given, I find and hold that the applicant is entitled by adverse possession of (sic) L.R. Nyaki/Giaki/Kiburine/229 and that the appellant should be registered as the sole proprietor of the said land in place of the defendant herein Johnson Kinyua Njiraini.” Aggrieved by the said judgment the appellant lodged a memorandum of appeal in this court on 29th September, 2005 setting out the following grounds of appeal:- 1. The learned judge erred in law and FACT in failing to find that the ingredient of adverse possession were not proved …

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