LIKHANGA SHIKAMI & KIPNGENY KIPNGETICH V. LLLIANA INGASIALI REGINA & FLORA MAKOKHA KUNDU

JUDGMENT OF THE COURT

In this appeal, the appellants seek orders that the appeal be allowed, that the judgment and decree of the Nambuye, J. (as she then was) be reversed, and in its place be substituted an order dismissing the respondents suit in the High Court with costs to the appellants.

By way of an Originating Summons dated 28^th June 1991, the respondents prayed for orders against the appellants as follows:-

A declaration that the plaintiffs having been in occupation lungus usus nec per vim, nec clam, nec precario of land parcel number Uasin Gishu/Ndalat/12 for a period of over twelve (12) years have acquired title to the said parcel of land by right of prescription.

An Order directing the Land Registrar, Uasin Gishu District, to register the plaintiffs as proprietors of land parcel number Uasin Gishu/Ndalat/12 in place of Kipngeny Kipngetich Arap Gorir, the second defendant herein.

An order against the Defendants jointly and severally for costs of and incidental to this suit.

The app…