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Samuel Wafunafu Wachilonga v. John Makokha Sakwa

(2018) JELR 95112 (CA)

Court of Appeal  •  Civil Appeal 27 of 2015  •  4 Oct 2018  •  Kenya

Coram
Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed

Judgement

JUDGMENT OF THE COURT

[1] This is an appeal from the judgment of the High Court (A. Omollo, J, which dismissed the appellant’s claim for recovery of land title No. Kimilili/Kimilili/813 comprising of 3.5 acres (suit land), from the respondent.

[2] The respondent is the son of Kefa Sakwa Wafunafu (deceased) who died on or about 4th July, 2009 after the suit giving rise to this appeal had been filed. The deceased was the proprietor of the suit land. He was registered as the proprietor after land adjudication on 10th August, 1965. On 11th February, 2004, the deceased transferred the suit land to the respondent herein as a gift and the respondent was registered on the same day and issued with a title deed.

[3] The suit against the respondent was filed on or about 26th September, 2005. The appellant had previously filed two other suits against the deceased. The first suit was KIBINGEI LAND DISBUTES TRIBUNAL CASE NO. 10 OF 1999. In that case, the appellant claimed that the deceased who was his…

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