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Rayleigh Wanyama v. Khisa Muyundo Alias Zablon Kasisi Muyundo

(2016) JELR 93608 (CA)

Court of Appeal  •  Civil Appeal 98 of 2012  •  5 Feb 2016  •  Kenya

Coram
Daniel Kiio Musinga, Agnes Kalekye Murgor, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

This is an appeal from the ruling of the High Court given on 14th March 2012 dismissing the appellant’s application for interim relief pending the hearing and determination of his claim for adverse possession. During the hearing of the appeal before us the appellant was represented by Ms. A. Mumalasi. Mr. J. K. Korir held brief for Mr. Onyancha for the respondent and sought an adjournment, which we declined. Thereafter Mr. Korir did not attend to argue the appeal on behalf of the respondent.

The background to the appeal is this: By an Originating Summons dated 24th June 2010, the appellant claimed entitlement, by adverse possession, to the property known as Ndivisi/Muchi/636(the property) registered in the name of the respondent. He pleaded that he had been in open and continuous possession of that property for a period of over twelve years and had thereby acquired title by operation of law.

In answer to the Originating Summons, the respondent deposed in his replyin…

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