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Peter Kamau Njau v. Emmanuel Charo Tinga

(2016) JELR 93938 (CA)

Court of Appeal  •  Civil Appeal 29 of 2016  •  14 Oct 2016  •  Kenya

Coram
Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti

Judgement

JUDGMENT OF THE COURT

The acquisition of property by adverse possession is a very common phenomenon at the Coast of Kenya and it is not an exaggeration to say that Courts in this region have inundated to deal with such claims more or less on a daily basis. This, in our experience hearing appeals arising from disputes relating to land, can be attributed to the wide spread landlessness of the indigenous populace, who, often times are forced by their circumstances to invade private land, resulting in the kind of conflict involved in this appeal.

According to the title deeds in respect of KILIFI/JIMBA 1223 and 1224 (the suit property), which are the subdivisions of the original PLOT NO. 135, the appellant was registered as the proprietor of the suit property on 6th September, 2006 and titles issued in his name on 12th April, 2011.

From his evidence in court, by a written agreement dated 1st July 2005, and payment of a consideration of Kshs. 500,000, the appellant purchased the suit property …

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