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GEDION MWANDO UJIJI
V.
JUSTIUS AMUNGA AMBUKA

(2007) JELR 98109 (CA)

Court of Appeal 13 Jul 2007 Kenya
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Case Details

Suit Number:Civil Appli. Nai 192 of 2006 (KSM. 29/2006)
Judges:John walter Onyango Otieno
Location:Kisumu
Other Citations:Gedion Mwando Ujiji v. Justius Amunga Ambuka [2007] eKRL

R U L I N G

In amended Originating Summons dated 8th December 1992, the respondent in this application JUSTUS AMUNGA AMBUKA sued the applicant GIDEON MWANDO UJIJI seeking the court’s order to award the respondent the whole of land parcel No. WEST BUNYORE/ESSABA/ 1744 as since land adjudication took place in the relevant area in the late 1960s, the respondent had been entitled to the said land parcel by virtue of adverse possession. He sought a declaration that he was the owner of the whole of the subject land and sought an order that the applicant do transfer the whole of the subject land parcel to him. In default of transferring the same land to him voluntarily by the applicant, the court do make an order authorizing the Deputy Registrar to sign all the necessary documents to effect the transfer. It is not clear from the record that that originating summons was supported by an affidavit for none is annexed in the record. However, reading the record there are orders on Directions enter…

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