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…