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Titus Kigoro Munyi v. Peter Mburu Kimani

(2015) JELR 95808 (CA)

Court of Appeal  •  Civil Appeal 28 of 2014  •  24 Feb 2015  •  Kenya

Alnashir Ramazanali Magan Visram, Martha Karambu Koome, James Otieno Odek



1. Titus Kigoro Munyi, the appellant, filed an Originating Summons dated 27th February, 2010, claiming adverse possession against the respondent in relation to Land Parcel No. Mbeti/Gachoka/473, (hereinafter referred to as the suit property). He sought orders that the respondent’s title to the suit property be extinguished by virtue of adverse possession and the suit property be registered in his favour as the proprietor.

2. The facts upon which the claim for adverse possession is made is that the appellant entered the suit property in 1970 before the process of land adjudication and demarcation started; that the suit property belonged to the Kamuvia Clan of the Mbeere tribe and the property was sold to the appellant by three members of the said clan namely, Kiriamburi Thigari, Hezron Kiriamburi and Kiriamburi Kiriari. In the year 1975, the suit property was registered in the joint names of the respondent, Peter Mburu Kimani, and Tabitha Muthoni. The said Tabitha M…

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