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Taveta Teachers Investment Limited (Suing on their own behalf and on behalf of the 430 Squatters/Residents of Junda Kasarani Ndogo Self Help Group Residing upon Property Title No. 771/li/Mn) v. Mbaro Johnson & 9 others

(2021) JELR 93358 (CA)

Court of Appeal  •  Civil Application 68 of 2020  •  29 Jan 2021  •  Kenya

Coram
Roselyn Naliaka Nambuye, William Ouko, Patrick Omwenga Kiage

Judgement

RULING OF THE COURT

On 29th March, 2019 Matheka, J. determined the respondents’ originating summons for adverse possession of the suit property known as No. 771/Ii/MN CR. 8594 and measuring 47.62 acres or thereabouts, and concluded that;

“1. That the plaintiffs have acquired title to the disputed land by adverse possession having lived on the suit land for over twelve (12) years openly and without any interference by anyone.

2. That the defendant, by self, agents, servants, family members and other authorized person and independent contractors be restrained by a permanent injunction from entering the suit property or demolishing the houses, structures or damaging or harvesting the plaintiffs crops therein and or evicting or interfering with the plaintiff’s user and occupation of the suit property with their families”.

Apparently, this decision was reached after Matheka, J. rejected the applicant’s application on 7th December, 2018, to be allowed to defend the suit. After that rejection, t…

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