WINES & SPIRITS KENYA LIMITED & WAIGANJO INVESTMENTS LIMITED V. GEORGE MWACHIRU MWANGO

JUDGMENT OF THE COURT

[1] By an Amended Originating Summons dated 3^rd November, 2014, the respondent sought to be declared the rightful proprietor of land described as Plot No. 188/III/MN/Kanamai/Kikambala (the suit land) under the doctrine of adverse possession. According to the respondent, the suit land had always been occupied by his family, his family’s agents and licensees; having been taken over by the respondent’s father over 50 years ago. The respondent contended that his family’s occupation of the land has been continuous, notorious, peaceful and within the appellants’ knowledge. He also alleged that his father had always worked the land agriculturally; a legacy that the respondent carried on. It was to the respondent’s dismay therefore, that sometime in the year 2012, the 1^st appellant through her agent the 2^nd appellant, purported to evict the respondent and his proxy from the land.

[2] While the respondent conceded that the land was registered in favour of the 1^st appellant,…