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Samuel Ndungu Gitu v. Danson Ndungu, Mathew Ngichabe Sisenda & Mary Mwayitsi Sisenda

(2001) JELR 94083 (CA)

Court of Appeal  •  Civil Appeal 304 of 1997  •  13 Jul 2001  •  Kenya

Coram
Johnson Evan Gicheru, Riaga Samuel Cornelius Omolo, Philip Kiptoo Tunoi, Samuel Elikana Ondari Bosire, Abdulrasul Ahmed Lakha

Judgement

JUDGMENT OF THE COURT

This appeal concerns the parcel of land No. Bungoma/Kiminini/302 (the suit property) and is brought by the unsuccessful second defendant from the judgment of the superior court at Kakamega (Tanui, J.) given on 11 July 1997 whereby he declared the plaintiff had acquired the title to the suit property by way of adverse possession and granted all incidental and other reliefs as prayed in the Originating Summons dated 14th March, 1988 .

The history and facts of the case may be briefly stated. The plaintiff claimed that the suit property was allocated to him on 24th September 1965 . He paid Shs.567/= and the suit property was registered in the name of the first defendant. The first defendant's right to the suit property was extinguished on 15 December 1977 and thereafter he held the land in trust for him. He said that the transfer by the first defendant to the second defendant on 19 October 1987 by way of a gift was fraudulent and unlawful and the transfer by the second…

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