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Philip Odhiambo, Albert Rene Obuolo, Noah Odhiambo Juma & Calvince Ochieng Ouko v. Mathew Ishmael Ouma Achieng

(2015) JELR 93906 (CA)

Court of Appeal  •  Civil Appeal 24 of 2014  •  19 Jun 2015  •  Kenya

David Kenani Maraga, Daniel Kiio Musinga, Stephen Gatembu Kairu



1. This appeal involves a claim by the appellants of the right of ownership of the parcel of land known as LR. NO. WEST KASIPUL/KONYANGO KOKAL/322 (“the suit land”) by way of adverse possession, pursuant to the provisions of section 38 of the Limitation of Actions Act, Cap 22 Laws of Kenya. The suit land measures 1.4 hectares which is the equivalent of 4 acres or thereabouts.

2. The appellants' suit in the High Court of Kenya at Kisii was brought by way of originating summons as then stipulated under Order XXXVI rule 3D of the Civil Procedure Rules.

3. The orders sought were as follows:

“1. A declaration that the Defendant’s right to recover the whole of LR. NO. WEST KASIPUL/KONYANGO KOKAL/322 is barred under the Limitations Of Actions Act, Chapter 22 of Laws Of Kenya, and his title thereto extinguished on the grounds that the Plaintiffs herein have openly, peacefully and continuously been in occupation and possession of the aforesaid parcel of land for a period exce…

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