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ALBERT FRED EKIRAPA
V.
NYONGESA SIRARI & 5 ORS

(2017) JELR 105620 (CA)

Court of Appeal 28 Sep 2017 Kenya
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Case Details

Suit Number:Civil Appeal 87 of 2015
Judges:Daniel Kiio Musinga George Benedict Maina Kariuki Stephen Gatembu Kairu
Location:Kisumu
Other Citations:Albert Fred Ekirapa v. Nyongesa Sirari & 5 others [2017] eKLR

JUDGMENT OF THE COURT

1. In a judgment delivered on 28th May 2015, the Environment and Land Court at Busia (S. M. Kibunja, J) dismissed the appellant’s suit seeking an order for the eviction of the respondents from the property known as Title Number North Teso/Angurai/213 (the property). In the same judgment, the court allowed the respondents’ counterclaim against the appellant by decreeing that the appellant’s title to the property be cancelled and that the 1st respondent be registered as proprietor of the property, having acquired title thereto by adverse possession. Aggrieved, the appellant lodged this appeal.

Background

2. The appellant’s case before the lower court was that he became registered as the proprietor of the property, which measures approximately 3.6 hectares, on 10th November 2011, having purchased it from one Rosela Akisa Odama under an agreement for sale dated 23rd April 2011; that when he purchased the property, the same was “free and nobody was using it”; that in Dec…

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