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Milka Akinyi Otieno v. Charles Odongo Ngani

(2018) JELR 99074 (CA)

Court of Appeal  •  Civil Application 20 of 2018  •  7 Dec 2018  •  Kenya

Coram
Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed

Judgement

RULING OF THE COURT

Background

(1) In brief, the facts leading to this application are that the respondent Charles Odongo Ngani instituted proceedings before the High Court by way of originating summons (OS) dated 16th December 2011 claiming to have acquired title to 1 acre out of land parcel Kamagambo/Koluoch/1000 (known as the suit property) by way of prescription and/or adverse possession from the applicant. The respondent averred that he has openly occupied and cultivated the suit property for an uninterrupted duration of more than twenty (20) years since 1984; that he had therefore acquired ownership thereof by way of prescription and/or adverse possession; that his entry onto the suit property was pursuant to an agreement of sale entered into between his father, one Zakayo Ngani (now deceased) and the late husband to Milka Akinyi Otieno (applicant), one Ongoma Ochuka in 1984; that the respondent and his late father took possession of the suit property and continued in uninterrupteā€¦

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