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Sammy Mwangangi & 10 others v. Commissioner of Lands, James Kamau Wainaina, Raphael Muigai Mwangi & Paul Kahuti Kondia

(2018) JELR 94593 (CA)

Court of Appeal  •  Civil Appeal 30 of 2013  •  9 Feb 2018  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja

Judgement

JUDGEMENT OF THE COURT

.1. This is an appeal by the aggrieved plaintiffs, now the appellants, against the decision of Okwengu J. (as she then was) delivered on 9th July, 2012 whereby she dismissed the plaintiff’s suit and ruled in favour of the 9th and 10th defendants (3rd and 4th respondents herein).

2. The appellants lay claim to a parcel of land situate in Embakasi described as LR. No 209/11543 and LR. No. 209/11546 (the suit land). It is common ground that the suit land has at all material times been Government land which the appellants sought to have alienated to them.

3. The genesis of the dispute giving rise to this appeal goes back to the year 1923 where the appellants claim that they were living on the suit land since then with the belief that the land belonged to them and their ancestors, until the year 1994 when they were notified by the Area Chief that said suit land was Government land.

4. The 3rd and 4th respondents consequently filed a counter-claim against the appellants c…

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