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Joseph Gachumi Kiritu v. Lawrence Munyambu Kabura

(1996) JELR 100726 (CA)

Court of Appeal  •  Civil Appeal 20 of 1993  •  25 Oct 1996  •  Kenya

Coram
Akilano Molade Akiwumi

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(CORAM: KWACH, AKIWUMI and SHAH, JJ.A.)

CIVIL APPEAL NO. 20 OF 1993

BETWEEN

JOSEPH GACHUMI KIRITU........................................APPELLANT

AND

LAWRENCE MUNYAMBU KABURA..........................RESPONDENT

(Appeal from the Decree of the High Court of Kenya at Nairobi (Justice Shields) dated the 27th June, 1991

in

CIVIL SUIT NO. 2628 OF 1988 (0.S)

**************

JUDGMENT OF AKIWUMI, J.A.

The respondent had in a suit filed in the superior court by way of an originating summons, claimed to have acquired the suit land, LIMURU/NGECHA/688, through being in adverse possession of it against the appellant for over twelve years from an undisclosed date in 1974, to July, 1988, when the suit was filed. The respondent sought consequential orders that the original owner of the suit land, the appellant, do execute a transfer of the suit land to him failing which, such a transfer be executed by an authorized officer of the court. In the respondent's affidavit in su…

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