Customer Support

GABRIEL MUMELA MACHASIO
V.
GEORGE WANYAMA MACHASIO

(2018) JELR 97838 (CA)

Court of Appeal 7 Dec 2018 Kenya
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:Civil Appeal 41 of 2017
Judges:Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed
Location:Kisumu
Other Citations:Gabriel Mumela Machasio v. George Wanyama Machasio [2018] eKLR

JUDGMENT OF THE COURT

[1] This is an appeal from the judgment of the Environment and Land Court (ELC), (Mukunya, J.) dismissing the appellant’s suit to recover land title No. Ndivisi/Muchi/2111 (suit land) from the respondent.

[2] The appellant is the father of the respondent. Sometime in August, 2010, the appellant filed a suit by way of originating summons (O.S) under Order XXXVI Rule 3A and 7 of the Civil Procedure Rules (now Order 37 Civil Procedure Rules, 2010) to recover the suit land from the respondent.

The appellant stated in the O.S that he has been in continuous and peaceful occupation of the suit land for a period exceeding 12 years; that the title to the suit land is registered in the name of the respondent in trust for the appellant and the family; that the respondent’s title to the suit land had been extinguished by adverse possession of the appellant. The appellant sought orders that the trust has been abused and should now determine and that, in the alternative, the resp…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.