Login Register

Peter Irungu Wainaina v. Chege Njihia

(2014) JELR 95120 (CA)

Court of Appeal  •  Civil Appeal 276 of 2011  •  13 May 2014  •  Kenya

Alnashir Ramazanali Magan Visram, David Kenani Maraga, Martha Karambu Koome



The appellant instituted a suit in the High Court by way of an Originating Summons seeking a declaration that he was entitled to the parcel of land known as Title No. Loc 18/Kirere/210 (suit land) through adverse possession. The suit land is registered in the respondent’s name. The respondent filed a replying affidavit in opposition but failed to enter appearance by filing a Memorandum of Appearance.

The appellant filed an application dated 4th December, 2008 seeking inter alia directions that the suit be heard ex parte by way of affidavit evidence and oral submissions. According to the appellant, the respondent’s replying affidavit was not competently on record because he had not entered appearance. Vide a ruling dated 23rd March, 2009 the learned Judge (Makhandia, J, as he then was) allowed the application for directions as prayed.

M/s Mwangi Kamau and Co. advocates, who were representing the respondent at the time, filed an application on 16th April, 2009 seeking…

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login