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Sammy Likuyi Adiema v. Charles Shamwati Shisikani

(2014) JELR 93903 (CA)

Court of Appeal  •  Civil Appeal 3 of 2014  •  9 Dec 2014  •  Kenya

Coram
David Kenani Maraga, Festus Azangalala, Sankale ole Kantai

Judgement

JUDGMENT OF THE COURT

The appellant, Sammy Likuyi Adiema, sued the respondent, Charles Shamwati Shisikani, in Kakamega High Court Civil Suit No. 50 of 2008 seeking his eviction from Land Parcel No. S/Kabras/Shamberere/2650 (hereinafter “the suit land”). In his plaint, filed on 7th August, 2008, he averred, inter alia, that he was the absolute proprietor of the suit land upon which the respondent had broken and entered thereon and taken possession of 3 acres thereof without any colour of right.

In an amended written statement of defence delivered on 2nd January, 2010, the respondent denied the appellant’s claim and pleaded that he had, in 1984, purchased from the appellant’s deceased father, one Johana Adiema Okumu, a portion comprising two acres of Land Parcel No. S/Kabras/Shamberere/1172 at the consideration of Kshs.26,000/= which consideration he paid in full and had been in possession thereof since 1984. The respondent contended that Land parcel No. S/Kabras.Shamberere/1172 is the p…

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