WILSON KAZUNGU KATANA & 101 OTHERS V. SALIM ABDALLA BAKSHWEIN & ALI ABDALLA BAKSHWEIN

JUDGMENT OF THE COURT

The odyssey to this Court by the parties to this appeal commenced with the filing of an originating summons (O.S) by the appellants on 20^th June, 2008 in the High Court of Kenya at Malindi. The appellants then totaling 103 filed the O. S. against the respondents pursuant to the provisions of the then order XXXVI rule 3(D), sections 3 of the Civil Procedure Act, 38 of the Limitation of Actions act and all other enabling provisions of the Law. In the O. S., the appellants sought orders that:-

“They be declared as proprietors of their respective plots within portion No.20 Malindi Title No. LT27 folio 374 file 3520 “the suit premises” by way of adverse possession having lived on and worked on the same for over 12 years since late 1950’s peacefully and without any interference whatsoever from the respondents and/or their predecessors.

They be registered and issued with certificates of title over the same in place of the respondents, and

Costs of the suit.”

The O. S. was su…