PETER MBIRI MICHUKI V. SAMUEL MUGO MICHUKI

JUDGMENT OF THE COURT

1. Samuel Mugo Michuki (deceased on 23^rd December, 2002) took out an Originating Summons dated 6^th February, 1991, against Peter Mbiri Michuki, the appellant in this matter. In the Originating Summons, the deceased as the applicant/plaintiff sought the following orders and declarations:

a. Did the applicant/plaintiff pay the whole of the purchase price of the suit premises to the defendant/appellant herein?

b. Is the applicant/plaintiff entitled to ownership and or to become the registered proprietor of the suit property?

c. In the alternative, has the applicant/plaintiff become entitled to the title and ownership of the suit property by virtue of adverse possession and occupation of the suit premises?

2. The suit property in dispute between the parties is Land Parcel Loc.12/Sub Loc.1/T16 situated at Gakira market in Muranga District. At all material times, the registered proprietor of the suit property has been the appellant Peter Miri Michuki.

3. In support of the Or…