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Ndorongo Gatheru & another v. Norman Kariuki & 30 others

(2017) JELR 98494 (CA)

Court of Appeal  •  Civil Appeal 8 of 2014  •  30 Jun 2017  •  Kenya

Coram
Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti

Judgement

JUDGMENT OF THE COURT

This appeal arises from the judgment of Ang’awa J. rendered on 26th June, 2008, in which she granted the respondents’ originating summons with costs and awarding them seven (7) acres of the portion of land “originally known as LR5569/5” on account of their claim to it by virtue of adverse possession. Before we consider the reasons why the appellants are aggrieved by that decision, we are constrained to say something about the record as presented to us. The hearing started before Ojwang J., as he then was, who heard only one witness. Thereafter Angawa, J. took over and directed that she would continue from the stage the trial had reached. She recorded the testimonies of three witnesses called by the respondents and two by the appellants. Her notes are incoherent, unintelligible and confusing as we shall demonstrate in the course of the judgment. It has taken us considerable time to decode the evidence as recorded. There are incomplete sentences in both the record o…

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