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Robert Shume , Kazungu Dzombo,Nicholus Ngolo Gona & Lucy Buya v. Samson Kazungu Kalama

(2015) JELR 96303 (CA)

Court of Appeal  •  Civil Appeal 32 of 2015  •  4 Dec 2015  •  Kenya

Coram
Milton Stephen Asike Makhandia, Aaron G Ringera, William Ouko

Judgement

JUDGMENT OF THE COURT

The appellants do not dispute the fact that parcel of land measuring approximately 36 acres and known as Plot No. 7651 (originally No. 570/2) MALINDI (the property) belongs to the respondent who purchased it from the original owner in 1972 and an indenture in his favour duly registered.

The appellants’ claim to the property is based on the statute of limitation; that they had been in occupation of the property ‘from time immemorial’, that they, their parents and forefathers planted mango, cashewnut and other trees on the property; and that their deceased family members were buried thereon.

While it was equally not in dispute that at the time the respondent purchased the property there were squatters on it, it was the respondent’s case that all the squatters on the property were compensated for the mango and coconut trees they had planted on the property and thereafter vacated it; and that subsequently the appellants together with others not exceeding ten persons re-…

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