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CYPRIAN KIGORWE & ANOR
V.
FRANCIS MAWATHI IBUA

(2022) JELR 113454 (CA)

Court of Appeal 4 Feb 2022 Kenya
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Case Details

Suit Number:CIVIL APPEAL 176 OF 2019
Judges:DK MUSINGA, JA RN NAMBUYE, JA S OLE KANTAI, JA
Location:Nyeri

JUDGMENT

  1. Two suits were filed at the High Court of Kenya at Meru. In High Court Originating Summons No. 72 of 2004 Francis Mawathi Ibua (the respondent herein) sued Cyprian Kigorwe (the 1st appellant) in a claim for adverse possession over Title No. L.R. Nyaki/Giaki-Kiburine/556 (“the suit property”). In the second suit – High Court of Kenya at Meru (Environment and Land Division) Case No. 105 of 2014 Solomon Gitundu (the 2nd appellant) sued the respondent in a suit where he prayed for a declaration that he was registered as the absolute proprietor of parcels of land Title No. Nyaki/Giaki-Kiburine/478 and the suit property; that the respondent be evicted with assistance of police from the two properties; that a permanent injunction be issued to restrain the respondent from entering both properties and that he be awarded damages. The two suits were consolidated and heard by Kemei, J. who in a Judgment delivered on 8th April, 2019 found that the respondent had proved adverse possession i…

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