SUSAN MBEKE KASOME & 872 OTHERS V. NJIRU AGERIA DEVELOPMENT LTD

JUDGMENT OF THE COURT

[1] Litigation leading to this appeal was commenced through an originating summons dated 26th August, 2013 filed by the appellants. The originating summons was brought under Order XXXVII Rule 7 of the former edition of the Civil Procedure Rules as read with sections 7, 17, and 38 of the Limitation of Action’s Act, and sections 59 and 61 of the Registration of Titles Act. The orders sought in the summons included a declaration that the appellants had been in possession of land parcel No LR 13468 Nairobi (herein suit property) for a period of over 12 years and therefore the title of the respondent to the suit property had been extinguished by virtue of section 17 of the Limitation of Action’s Act. The appellants also sought an order of injunction restraining the respondent from interfering with the appellants’ peaceful possession and occupation of the suit property. The appellants’ contention was that they had been in occupation of the suit property with the knowled…