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ALEX ODERO KASONGO & ANOR
V.
DAMON ODERO OCHIENG & 2 ORS

(2022) JELR 113514 (CA)

Court of Appeal 11 Feb 2022 Kenya
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Case Details

Suit Number:Civil Appeal 123 of 2017
Judges:F Tuiyott, JA PO Kiage, JA M Ngugi, JA
Location:Kisumu

JUDGMENT

JUDGMENT OF TUIYOTT JA.

  1. This appeal arises from proceedings commenced as originating summons dated 26th May 2011. In those proceedings, the respondents here lodged a claim for adverse possession pursuant to section 38 of the Limitations of Actions Act over land parcels described as South Sakwa/Kogelo/196 & 197 (hereinafter the suit properties). At the time of presenting the suit, one Joel Elijah Dolfus Nyaseme (Nyaseme) was the owner of the suit properties and therefore the initial defendant.

  2. The history of controversy in this matter can be traced back to when Janet Aloo Okech and Gudo Odero owned Sakwa/Kogelo/196 and Sakwa/Kogelo/ 197, respectively. Both are now demised. Gudo Odero was a paternal uncle to the 1st and 2nd respondent. The case presented at trial was that the two were born, brought up on and have been cultivating and using the suit properties. The 3rd respondent, identified as a sister in law to Gudo Odero, has her homestead on 197 and cultivates a portion of it. …

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