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AMINA AHMED OMAR MZEE HAJI
V.
KAHINDI KATANA CHENGO & ORS

(2016) JELR 106529 (CA)

Court of Appeal 22 Apr 2016 Kenya
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Case Details

Suit Number:Civil Appeal 38 of 2015
Judges:Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti
Location:Mombasa
Other Citations:Amina Ahmed Omar Mzee Haji v. Kahindi Katana Chengo & others [2016] eKLR

JUDGMENT OF THE COURT

In this appeal the appellant, Amina Ahmed Omar Mzee Haji, seeks to overturn the judgment and decree of the Environment and Land Court at Malindi (Angote, J.), dated 17th April 2015 in which the learned judge declared the 20 respondents in this appeal the proprietors, by adverse possession, of the property known as Plot No. 150/III/MN (the suit property). The learned judge further ordered the respondents to be registered as proprietors of the suit property and certificates of title to be issued to them. As of the date of the judgment of the trial court, the suit property, which measures 9.96 acres, was registered in the name of the appellant and three others, who are now deceased and did not take part in the proceedings in the trial court.

By way of background and context, before 12th September 1961, the suit property was registered in the name of the appellant’s father, Omar Bin Mzee Haji, deceased. On that date it was transferred and registered in the name of the …

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