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WILLIAM GATUHI MURATHE v. GAKURU GATHIMBI

(1998) JELR 94915 (CA)

Court of Appeal  •  civ app 49 of 96  •  6 Mar 1998  •  Kenya

Coram
Johnson Evan Gicheru, Gurbachan Singh Pall, Akilano Molade Akiwumi

Judgement

JUDGMENT OF THE COURT

The only point in issue in this appeal is whether the respondent's adverse possession of the suit land could be terminated by the institution of an action by the appellant by way of a counterclaim, challenging the respondent's possession and occupation of the suit land and seeking recovery of possession thereof, from the respondent.

The backdrop to this matter is briefly, as follows. The respondent had alleged that on 26th September, 1972, he bought the suit land from one Ayub Nguyai "B" and by 6th March, 1973, had made part payment to Ayub Nguyai "B". The suit land being agricultural land, the consent of the relevant Land Control Board was required in order to validate the sale of the suit land, but which could not be obtained because of the frequent sickness of Ayub Nguyai "B" who died in 1974. The sale of the suit land which had taken place on 26th September, 1972, became three months thereafter, on 27th December, 1972, because of the lack of the consent of the …

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