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Wakaria Mboi Njaramwe & Nicholas Bundi Mboi v. Loise Kaguu Munge

(2013) JELR 96622 (CA)

Court of Appeal  •  Civil Appeal 220 of 2010  •  18 Jul 2013  •  Kenya

Coram
Martha Karambu Koome, James Otieno Odek, Kathurima M'inoti

Judgement

JUDGMENT OF THE COURT

By an Originating Summons dated 23rdAugust 2001, filed at the High Court at Nyeri, the Appellants who were Plaintiffs sought a declaration that:

The plaintiffs have acquired title by adverse possession to a portion of 0.95Ha (2.5 acres) on LR No. Mutira/Kirunda/390 situated within Kirinyaga District.

That the said portion of 0.95Ha (2.5 acres) be excised from LR No. Mutira/Kirunda/390 and be registered in the name of the plaintiffs in trust for themselves and other members of the family in place of the defendant.

The affidavit in support of the Originating Summons was deponed to by Wakaria Mboi Njaramwe, the 1st appellant. It is not disputed that the suit land that is LR No. Mutira/Kirunda/390 registered in the name of John Muriithi Kiragu (now deceased) who was substituted in this suit by Loice Kaguu Munge as the respondent. The property is about 5.0 acres in total and the appellants claim is based on adverse possession. As per the averments contained in the Origina…

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