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Kogi Kamau v. Jane Nduta Gitutha

(2014) JELR 105305 (CA)

Court of Appeal  •  Civil Appeal 13 of 2013  •  11 Feb 2014  •  Kenya

Alnashir Ramazanali Magan Visram, Martha Karambu Koome, James Otieno Odek



[1] This is an appeal from the judgment of Makhandia, J., (as he then was), dated 22nd March, 2010, in Civil Appeal No. 135 of 2007, Nyeri. Koigi Kamau, the appellant filed a dispute before the Land Disputes Tribunal at Kagema in Muranga. The appellant's claim was that Jane Nduta Gitutha, the respondent, was illegally trespassing on his Parcel No. Loc. 10/Kahuti/1665, measuring about 0.5 acres.The land in question was registered in the name of the appellant. The appellant was also the registered proprietor of No. Loc. 9/Kahuti/1660, which is in a different locality although there was no dispute of this latter parcel.

[2] The respondent denied that she was trespassing or in illegal occupation of the appellant's parcel of land, she contended that she had been in occupation of the suit premises from 1966 when the land was consolidated; in effect she claimed the land belonged to her late husband one Gitutha Igeria.

[3] After hearing the parties to this dispute and their…

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