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Titus Mutuku Kasuve v. Mwaani Investments Limited, Mwaani Enterprises Limited, George Matata Ndolo, Rose Ndolo & Sila Musyimi Ndolo

(2004) JELR 94933 (CA)

Court of Appeal  •  Civil Appeal 35 of 2002  •  12 Mar 2004  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, John walter Onyango Otieno, Erastus Mwaniki Githinji

Judgement

JUDGMENT OF THE COURT

This is an appeal from the judgment of the Superior Court (Osiemo, J) by which the appellant’s claim to two portions of land measuring 40 acres and 20 acres respectively by way of adverse possession was dismissed with costs and appellant ordered to vacate the suit lands within six months of the date of the judgment.

The appellant’s suit was brought by way of originating summons as required by law and was filed in the Superior Court on 7th February, 2001. The originating summons was mainly founded on section 38 of the Limitation of Actions Act. The appellant sought several reliefs including declarations but the relevant questions that the appellant asked the Court to determine included (in appellant’s own words):

“1. Whether the plaintiff’s occupation of LR No 1756 and LR 1757 now partly registered on LR No 1756/7; LR 1757/8 and LR 1757/5 since 1984 amounts to adverse possession.

2. Whether or not the plaintiff has been in occupation and in possession of the suit prem…

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