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SAMUEL MIKI WAWERU v. JANE NJERI RICHU

(2007) JELR 96392 (CA)

Court of Appeal  •  Civil Appeal 122 of 2001  •  2 Feb 2007  •  Kenya

Coram
Philip Kiptoo Tunoi, John walter Onyango Otieno, Erastus Mwaniki Githinji

Judgement

JUDGMENT OF THE COURT

The appellant SAMUEL MIKI WAWERU is aggrieved by the decision of the superior court (Aganyanya J) dated 18th August, 2000 whereby the superior court entered judgment for the respondent herein for a declaration that she had acquired by adverse possession an absolute title to a portion of one acre from land title No. Komothai/igi/229 and further ordered the appellant to transfer the one acre to the respondent.

The appellant is a nephew to MIKI KABIRU the original registered proprietor of land title No. Komothai/igi/229 comprising of 3.9 acres. Miki Kabiru died on 22nd April, 1997. He had no wife nor children. Upon his death, the appellant as his nephew filed Nairobi High Court Succession Cause No. 1511 of 1997. He was given a Grant of Letters of Administration which grant was confirmed on 8th June, 1998. He was registered as the heir to the land on 25th August, 1998.

On 27th January, 1999 the respondent filed an Originating Summons claiming to be entitled to one acre …

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