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Patrick Chapia Tindi & Beatrice Anyango Otieno v. Housing Finance Company of Kenya Ltd, Patrick Mutula Mung'ala & Mary Musyawa Mung'ala

(2011) JELR 96434 (CA)

Court of Appeal  •  Civil Appeal (Application) 44 of 2008  •  4 Mar 2011  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Emmanuel Okello O'Kubasu, Philip Nyamu Waki

Judgement

RULING OF THE COURT

Patrick Chapia Tindi and Beatrice Anyango Otieno, the applicants herein, have always claimed that they have acquired ownership of the property known as and comprised in title L.R. NO. 3643/I/MN by way of adverse possession. They claimed in their originating summons filed in the High Court at Mombasa on 4th March, 2004, that as at that date they had had uninterrupted and exclusive occupation of the land since 1988. They, therefore, asked the High Court for a declaration that the title to the land which according to them was vested in Housing Finance Company of Kenya Ltd, Patrick Mutula Mung’ala and Mary Musyawa Mung’ala had been extinguished and that they [that is, the applicants] should be declared the lawful owners of the land. The originating summons is still pending unheard in the superior court.

This was because simultaneously with the filing of the originating summons, the applicants also filed a chamber summons asking for an order:

“THAT the defendants be tempor…

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