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Raphael Kahindi Kawala v. Mount Elgon Beach Properties Limited

(2018) JELR 93880 (CA)

Court of Appeal  •  Civil Appeal 8 of 2018  •  8 Nov 2018  •  Kenya

Coram
Martha Karambu Koome, Wanjiru Karanja, James Otieno Odek

Judgement

JUDGMENT OF THE COURT

1. The appellant Raphael Kahindi Kawala filed an Originating Summons dated 2nd August, 2012 claiming adverse possession of the suit property against the respondent.

2. At all material times in this suit, the respondent, Mount Elgon Beach Properties Limited, was the registered proprietor of all that parcel of land known as L.R. No. 20824 (C.R. 27288) situate in Kilifi Township. The respondent obtained a Grant of the parcel of land for ninety-nine years from the Government of Kenya with effect from 1st November, 1993.

3. In the Originating Summons, the appellant claims that he has been in occupation of the suit property for a period of over twelve (12) years without interruption from either the respondent or anybody else. He alleged that he has developed the suit property by planting coconut trees, an orchard of fruits such as mangoes and has constructed permanent houses and carries out subsistence farming.

4. In a further affidavit dated 23rd April 2014, the appellant…

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