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MUNGANIA V. IMANYARA

(1984) JELR 105011 (CA)

Court of Appeal  •  Civil Appeal No 15 of 1984  •  24 May 1984  •  Kenya

Coram
Zakayo Richard Chesoni, James Onyiego Nyarangi, Alan Robin Winston Hancox

Judgement

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NYERI

CIVIL APPEAL NO 15 OF 1984

MUNGANIA......................PLAINTIFF

v.

IMANYARA....................DEFENDANT

Land - adverse possession - whether purchaser can rightly claim adverse possession - when does a claim for adverse possession arise.

Land - overriding rights - rights under limitation of actions - whether they qualify as overriding rights.

Civil Practice and Procedure - amendment of pleadings - without leave - when this is permissible under the Civil Procedure Rules (cap ...) - amendment of defence without - when leave had been granted for amendment of plaint - whether leave to amend the defence is presumed to have been given.

Civil Practice and Procedure - discontinuation of suit - discretion of judge to disallow application to discontinue suit - guiding principles.

The appellant entered into a sale agreement with the 1st respondent for sale of the 1st respondent's land and subsequently filed a claim for adverse possession and sought t…

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