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Michael Karuku Gatura v. Douglas Muindi Kangethe, James Kamau Kangethe, Hanna Wairigu Gathuri & John Kagai Ngure

(2021) JELR 99124 (CA)

Court of Appeal  •  Civil Application E229 of 2020  •  29 Jan 2021  •  Kenya

Martha Karambu Koome, Roselyn Naliaka Nambuye, William Ouko



What the applicant wishes to contest in this Court on appeal is the decision of the Environment and Land Court (M. Onyango,J.) in two consolidated claims, Nairobi ELC Case Number 605 of 2010 and Number 758 of 2016, in which the learned Judge entered judgment in favour of the respondents and declared that they were entitled to Land Parcel No. Dagoretti/Mutuini/1139 by adverse possession and further that the sub-division of that parcel into 7 parcels by the applicant was null and void. In the end, she ordered the new titles cancelled and the applicant to transfer;

“(i) One acre from his Land Parcel No Dagoretti/Mutuini/1139 to the 1st and 2nd plaintiffs who shall hold the land in trust for the Estate of Hanna Kabura Kangethe;

(ii) 0.75 of an acre from his land Parcel No Dagoretti/Mutuini/1139 to the 3rd plaintiff who shall hold it in trust for the Estate of Gathuri Kabera; and

(iii) 0.25 of an acre from his Land Parcel No. Dagoreti/Mutuini/1139 to the 4th plaintiff who s…

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