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Mombasa Teachers Co-operative Savings & Credit Society Limited v. Robert Muhambi Katana & 15 others

(2018) JELR 98963 (CA)

Court of Appeal  •  Civil Appeal 53 of 2017  •  14 Jun 2018  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja

Judgement

JUDGMENT OF THE COURT

1. The appeal herein relates to competing interests between the parties over a parcel of land described as 364/MN/1 (suit property). The appellant’s claim is based on the title issued in its favour while the respondents claim is pegged on the doctrine of adverse possession.

2. According to the respondents, they had gained entry into the suit property, occupied various portions thereof without permission for a continuous and uninterrupted period of over 12 years prior to the registration of the same in the appellant’s favour. They continued having uninterrupted possession even after the sale of the suit property to the appellant. As far as they were concerned, they were entitled to be registered as the proprietors in place of the appellant hence, they filed an originating summons at the Environment and Land Court (E.L.C) being E.L.C. No. 20 of 2012 to that effect.

3. The appellant’s version was that it purchased the suit property measuring 14 acres which was later re…

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