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Sarah Wanjiku Mutu, Samuel Kimani Mutu & Abraham Mwangi Mutu v. Philomena Njambi Mutu

(2015) JELR 96411 (CA)

Court of Appeal  •  Civil Appeal 136 of 2009  •  16 Oct 2015  •  Kenya

Alnashir Ramazanali Magan Visram, Erastus Mwaniki Githinji, Jamila Mohammed



This is an appeal from the Ruling of the High Court (Ang’awa, J.) whereby the High Court upheld a preliminary objection raised against the suit and proceeded to dismiss the suit.

By an originating summons dated 22nd April, 2005 the three appellants claimed from the respondent respective portions of Land Title No. Ndarugu/Gacharage/490 (suit land), by adverse possession. The affidavit to support the originating summons showed that the 1st appellant is the mother of the 2nd and 3rd appellants. The 1st appellant claimed in the supporting affidavit that the suit land was acquired by, and registered in the name of her deceased husband, Mutu Kimani but was subsequently and by fraud registered in the name of Gathina Kungu (deceased), after which it was registered in the name of George Mutu Gathina the son of George Mutu Gathina and thereafter, the respondent Philomena Njambi Mutu caused herself to be registered as proprietor of the land. The 1st appellant deponed that sin…

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