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JECINTA ADHIAMBO OBILI
V.
ONAMU ODINGA

(2012) JELR 104308 (CA)

Court of Appeal 21 Jun 2012 Kenya
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Case Details

Suit Number:Civil Appeal 343 of 2005
Judges:Alnashir Ramazanali Magan Visram JA Martha Karambu Koome JA Hannah Magondi Okwengu JA
Location:Kisumu
Other Citations:JECINTA ADHIAMBO OBILI v. ONAMU ODINGA[2012]eKLR

JUDGMENT OF THE COURT

1. By way of an originating summons, the appellant, JECINTA ADHIAMBO OBILI (suing as Administratix of the estate of the MICHAEL BWIRE ONGANDI [deceased]), sought for an order declaring that the deceased acquired by way of adverse possession a portion of land parcel No. KANYAMKAGO/KAWERE II/522. The appellant also sought for a determination of the following questions:

“ 1. Whether or not Michael Bwire Ongadi has acquired adverse possession of a portion (sic) of land measuring slightly over 1⁄2 acre with a clearly delineate boundaries.

2. If so, the name of Onamu Odinga should be cancelled therefrom and the same be substituted by (sic) the name of plaintiff herein as the adminstratix of Michael Bwire Ongadi, deceased.”

2. The respondent opposed the originating summons; directions were given that the dispute would be determined through oral evidence. Both the appellant and respondent adduced oral evidence in support of their respective positions. The learned trial judge…

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