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Nahashon Muriithi Jeremiah v. Nelson Mwangi Kinguru

(2015) JELR 105122 (CA)

Court of Appeal  •  Civil Appeal 25 of 2015  •  28 Oct 2015  •  Kenya

Philip Nyamu Waki, Roselyn Naliaka Nambuye, Patrick Omwenga Kiage



By an originating summons dated 3rd December 2013 and filed before the High Court at Kerugoya, Nahashon Muriithi Jeremiah (the appellant) sought the following orders against Nelson Mwangi Kinguru (the respondent);

“1. A declaration that the plaintiff has acquired title to the whole land parcel No. Mwerua/Kagioni/687 by way of adverse possession.

2. The registration of the plaintiff as the absolute proprietor of land parcel No. Mwerua/Kagioni/687.

3. The costs of this suit with interest”.

The application was premised on the grounds appearing on its face as;

“(a) The plaintiff has been in exclusive occupation of the suit land for over 60 years.

The plaintiff has extensively developed the suit land peacefully and without any interruption over the years.

The defendant is the legal representative of the estate comprising of the suit land.

The title to the suit land has been extinguished in favour of the plaintiff upon expiry of 12 years of peace (sic) and un-interrupted occ…

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