MOUNT ELGON-BEACH PROPERTIES LIMITED V. KALUME MWANONGO MWANGARO & HARRISON SHIKARI MWANONGO

JUDGEMENT OF THE COURT

1. In their suit commenced by way of the originating summons before the High Court at Mombasa, Kalume Mwanongo Mwangaro and Harrison Shikari Mwanongo, the 1^st and 2^nd respondents respectively, asserted that they are entitled to be registered as owners of the property known as Land Reference No. 18664 (C.R. No. 25183) (the property) situated in Kilifi, Mombasa by virtue of adverse possession. They claimed that they have been in occupation of the property for over 12 years; that they have developed it by planting coconut trees and orchards of fruits and constructed permanent houses; that they have been conducting subsistence farming on the property; and their relatives are buried in the property.

2. In opposition to the originating summons, Mohammed Hamoud Mbarak, a manager of the appellant, the registered owner of the property, deposed in a replying affidavit that when the appellant bought the property, the respondents were not in occupation; that sometimes in 2011…