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Murunga Kabangi,Wanjiku Kamau "A" & Wanjiku Kamau "B" v. Hannah Wairimu Gitau & Monicah Nyokabi Gitau

(2019) JELR 98801 (CA)

Court of Appeal  •  Civil Appeal 287 of 2010  •  8 Mar 2019  •  Kenya

Coram
Philip Nyamu Waki, Roselyn Naliaka Nambuye, Milton Stephen Asike Makhandia

Judgement

JUDGMENT OF THE COURT

The sole issue that arises for our determination in this appeal is whether the doctrine of adverse possession applies to confer title to the appellants in respect of Land Parcel No. Ngenda/Nyamangara/712 (the disputed land) measuring approximately 2.6 Acres.

Two of the appellants (Wanjiku Kamau 'A' and Wanjiku Kamau 'B') are wives of the late Kamau Gacha alias Kagangi Gacha (Gacha) while the third appellant is his son. Gacha died on 29th August, 1995 and a grant of representation of his estate was issued to the three appellants on 24th September, 1998. Then the appellants went before the High Court seven months later, on 28th April, 1999, and took out an Originating Summons (OS) under section 38 of the Limitation of Actions Act and Order XXXVI Rule 3D of the Civil Procedure Rules, claiming to be entitled to the disputed land which was registered in the names of the respondents. The basis for their claim was that they had 'exclusively, openly, continuously and witho…

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