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Mutuku Mutinga v. Joreth Limited, Peter Wambugu Mwangi, Justin Miano Kabaiku & Rebecca Njeri Miano

(2014) JELR 98754 (CA)

Court of Appeal  •  Civil Application 151 of 2014 (Ur.122/2014)  •  28 Nov 2014  •  Kenya

Coram
Paul Kihara Kariuki, Agnes Kalekye Murgor, Kathurima M'inoti

Judgement

RULING OF THE COURT

In an Originating Summons application dated 29th April 2009 Mutuku Mutinga and Gloria Jean Mutinga, his wife (“the applicant”) sought orders to the effect that they had acquired through adverse possession title to premises know previously as Plot Nos. 436, 432 and 437 Thome Farmers No. 5 Limited, and now known as LR. Nos. 13330/307, 13330/310, 13330/335 respectively (“the suit premises”). Also sought were orders that the registration of the 1st respondent or any other person deriving title with respect to the suit premises be cancelled forthwith and the Registrar of Titles do rectify the register to enter the names of the applicant as the registered proprietors, as well as a permanent injunction against the respondents to stop them from transferring, assigning, building, entering, charging or in any other way interfering with the applicant’s occupation and use of the suit premises.

At the same time a Chamber Summons application was filed dated 29th April 2009 seeking…

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