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Maureen Waithera Mwenje & Eric Kamau Mwenje v. David Kinyanjui Njenga, Monica Wangui Njenga & Grace Njeri Njenga

(2015) JELR 99200 (CA)

Court of Appeal  •  Civil Appeal (Application) 104 of 2011  •  8 May 2015  •  Kenya

Coram
Jamila Mohammed, Patrick Omwenga Kiage, Kathurima M'inoti

Judgement

RULING OF THE COURT

The appellants, Maureen Waithera Mwenje and Eric Kamau Mwenje are the children and administrators of the estate of the late David Mwenje. The respondents, David Kinyanjui Njenga, Monica Wangui Njenga and Grace Njeri Njenga are respectively the owners of the parcels of land known as LR No. 10060/9, LR No. 10060/12 and L.R. No.10060/8 (the suit properties). On 15th December 2010, the High Court (Muchelule, J.) struck out with costs the appellants’ suit claiming ownership of the suit properties by adverse possession.

Aggrieved by the ruling and order of the High Court, the appellants filed Civil Appeal No 104 of 2011. By a Notice of Motion dated 23rd June 2011, and taken out under Rule 84 of the Court of Appeal Rules, 2010, the respondents applied to strike out the appeal on the grounds that it was filed out of time and the record of appeal did not contain important documents that formed part of the record in the High Court.

The affidavit in support of the application wa…

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