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Paul Musamali Wekesa & Vincent Barasa Wekesa v. Patrick Machini Nabalokha

(2016) JELR 95264 (CA)

Court of Appeal  •  Civil Appeal 180 of 2014  •  29 Jul 2016  •  Kenya

Coram
David Kenani Maraga, Daniel Kiio Musinga, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

This is an appeal from the judgment of the High Court of Kenya at Bungoma (A. Omollo, J.) delivered on 13th May 2014 dismissing the appellants’ suit which had sought the eviction of the respondent from the property known as Title Number Bokoli/Chwele/78. By the same judgment, the court sustained the respondent’s claim to that property on the basis of adverse possession.

Background

On 26th May 1998, the appellants instituted suit in the High Court of Kenya at Bungoma seeking eviction of the respondent from the property known as Title Number Bokoli/Chwele/78 (the property). The appellants averred in their plaint that the respondent had unlawfully entered the property in 1993 and remained on it without their consent as the registered owners. They contended that as a trespasser, he should be evicted from the property.

The respondent filed a defence and counterclaim in which he asserted that he is the legal representative of his father, one Joshua Nabalokha Musukuya, dece…

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