PATRICK MAGU MWANGI KIMUNYU V. JORETH LIMITED

JUDGMENT OF THE COURT

1. The appellant, Patrick Magu Mwangi Kimunyu, took out an originating summons in the High Court in which he claimed the right to be registered as proprietor of the property known as Plot No 290, Thome Farmers No 5 Limited, and now known as LR No 13330/41 (hereinafter called “the suit property”). In that summons, he sought the following orders that:

He be declared to have acquired title by adverse possession to the suit premises and;

The registration of the respondent as proprietor of the suit property, and any other person deriving title from the appellant be cancelled forthwith and the Land Registrar do rectify the register to enter the name of the appellant as the registered proprietor of the suit property in place of the respondent or anyone deriving title from the respondent.

2. The appellant swore an affidavit in support of the application in which he averred that: he is a registered proprietor of one share in the entity known as Thome Farmers No 5 Limited, h…