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Mary Nduta Mutungi,Lawrence Njenga Mutungi,Rose Wambui Mutungi,Francis Mathu Mutungi,Benson Muthee Mutungi & John Muchai Mutungi v. Wambui Njenga,Wilfred Ng'ang'a Njenga & Njuguna Njenga

(2017) JELR 99237 (CA)

Court of Appeal  •  Civil Appeal 253 of 2007  •  28 Jul 2017  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Erastus Mwaniki Githinji, Paul Kihara Kariuki

Judgement

JUDGMENT OF THE COURT

[1.] The appellants appeal from the judgment of the High Court (Osiemo, J) declaring the respondents herein to be entitled to half share of land Title No. Githunguri/Githunguri 184 (suit land) by adverse possession and rectification of the land register sub-division and transfer.

[2.] The suit land which comprises of 5.2 acres was registered in the name of Joseph Mutungi Ng’ang’a on 10th December, 1958 under the Registered Land Act (now repealed). The registered proprietor died in about 1981. In 1989, the Public Trustee filed a Succession Cause No. 1143 Of 1989 in the High Court at Nairobi.

A grant of representation to the estate of the deceased issued to the public trustee was confirmed on 28th May, 1992 and the estate distributed to the six appellants and three others as tenants in common equal shares. The 1st appellant is the widow of Joseph Mutungi Ng’ang’a and the 2nd, 3rd, 4th, 5th and 6th appellants are her children.

[3.] The 1st respondent is the widow of Nje…

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