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Mbugua Njuguna v. Elijah Mburu Wanyoike & another

(2004) JELR 99172 (CA)

Court of Appeal  •  Civil Appeal 27 of 2002  •  20 Feb 2004  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, John walter Onyango Otieno, Erastus Mwaniki Githinji

Judgement

JUDGMENT OF THE COURT

This is an appeal from the judgment and decree of the superior court (Khamoni J) dismissing the appellant’s claim, by way of adverse possession, to land (4 acres) from title No. Gatamaiyu/Gachoiri/460 comprising of 11.4 acres. The appellants filed the suit in the superior court by originating summons, as required by the law, on 4th June, 1993. The reliefs sought were orders that:

“1. It be declared and decreed that plaintiff Mbugua Njuguna has by adverse possession acquired title to 4 acres out of all that piece of land presently known as and comprised in Title No. Gatamaiyu/Gachoiri/460 and all sub -divisions thereof.

2. The defendants are registered as owners of the said piece of land as trustees for the benefit of the plaintiff.

3. The said piece of land be subdivided and a portion of 4 acres thereof and there out presently occupied by in possession (sic) of the plaintiff excised (sic) there from and registered in the name of the plaintiff”.

The copy of the title o…

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