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NDEGWA V. NDEGWA

(1986) JELR 104484 (CA)

Court of Appeal  •  Civil Appeal 76 of 1984  •  22 May 1986  •  Kenya

Coram
John Mwangi Gachuhi, Alan Robin Winston Hancox, Alister Arthur Kneller

Judgement
<p>Judgment.</p><p>Njuki Ndegwa, the appellant, entered appearance to an originating summons of Peter Njuki Ndegwa, Githaiga Ndegwa, Ndirangu Ndegwa,, Wanyaga Ndegwa, Maina Ndegwa, Wambui Ndegwa and Njeri Ndegwa, the respondents in this appeal, which was filed in the High Court at Nyeri on January 21, 1980.</p><p>The originating summons was expressed to be brought under the relevant provisions of the Registered Land Act (cap 300), the Limitation of Actions Act (cap 22) and Order XXXVI rules 1,2,3 and 4 of the Civil Procedure Rules.</p><p>The respondents in this appeal applied by that summons for a declaration by the High Court that they had acquired title by adverse possession of Kirimukuyu Mbogoini 297 and an order that together they be registered as proprietors of it.</p><p>They alleged in their affidavit in support that their brother the appellant, was registered as its proprietor in 1959 to hold it in trust for them. This was after the land there had been consolidated and marked out. They had all lived on it, b…</p>

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