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Samuel Kihamba v. Mary Mbaisi

(2015) JELR 96746 (CA)

Court of Appeal  •  Civil Appeal 27 of 2013  •  5 Feb 2015  •  Kenya

David Kenani Maraga, Festus Azangalala, Sankale ole Kantai



The dispute between the appellant Samuel Kihamba and the respondent Mary Mbaisi revolved around a parcel of land known as plot number Kakamega / Lugari / 67 (“the suit land”) measuring 5.4 hectares. The suit land was registered in the appellants name on 19th February, 1997 as was evidenced by the title deed produced as evidence at the trial. The appellant is a step son of the respondent.

The respondent filed an Originating Summons against the appellant at the High Court of Kenya, Kakamega, where several questions were posed for determination by that court.

The central issue raised was whether the respondent had acquired adverse rights over the suit land against the appellant and whether in the premises, the court should order cancellation of the title to the suit land consequent to which the respondent would be registered as owner of the suit land by adverse possession. Said J. Chitembwe, J, heard the matter and in a judgment delivered on 29th May 2013 the learned …

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