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Njuguna Ndatho v. Maasai Itumo, Mateo & Nguli Kyalo

(2002) JELR 95045 (CA)

Court of Appeal  •  Civil Application NAI 231 of 1999  •  18 Oct 2002  •  Kenya

Amrittal Bhagwanji Shah, Philip Kiptoo Tunoi, Richard Otieno Kwach



The appellant, Njuguna Ndatho, is registered as proprietor of two parcels of land known as LR/Subukia/10474 and LR/Subukia/6718 situate at Subukia in Nakuru District in the Rift Valley Province. Parcel No. 10474 was granted unto one Thomas Frederick John Thomson on 28th day of May, 1960. Thomson died and his estate transferred the said title to Kuria Kinyajui, Gitau Githumbi and Njuguna Ndatho as tenants in common in equal shares on 22nd August, 1973. Parcel No. 6718 aforementioned was transferred to the same three gentlemen on 22nd August, 1973. From the certificates of title in the record of this appeal it is not clear when the appellant became the sole proprietor of the said two parcels of land but according to the appellant he became the sole proprietor thereof on 2nd December, 1986. When the three of them entered the parcels of land in question on 1st April, 1973 they found the three respondents Maasai Itumo, Mateo and Nguli Kyalo on the land. According to th…

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