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Thomas Muka Maulo & Walter Washington Barasa Nyongesa v. Robert Ouma Oduori

(2021) JELR 95182 (CA)

Court of Appeal  •  Civil Appeal 76 of 2016  •  19 Feb 2021  •  Kenya

Coram
Wanjiru Karanja, Hannah Magondi Okwengu, Fatuma sichale

Judgement

JUDGMENT OF THE COURT

1. This is an appeal by Thomas Muka Maulo and Walter Washington Barasa Nyongesa (the appellants) against the judgment and decree of the Environment and Land Court (ELC) at Busia, (Kibunja J.) dated and delivered on 18th June, 2015, where the learned Judge found in favour of Robert Ouma Oduori (the respondent) and made orders declaring the respondent as the lawful proprietor of Land Parcel No. BUKHAYO/ MATAYOS/3116 (the suit property) under the doctrine of adverse possession and that he ought to be registered as the sole proprietor of the same.

2. The genesis of this appeal is that vide Originating Summons dated 25th November, 2011 and amended on 16th January, 2012 the respondent sought a declaration of entitlement by adverse possession to Land Parcel No. BUKHAYO/MATAYOS/3116 which originally belonged to the 1st appellant, who is also the 2nd appellant’s father. The respondent was said to be the 1st appellant’s brother. Although this was disputed by the appellants, …

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