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JOHN KARINGA KIMANGA
V.
SAMUEL KAMAU KAMUNGE & ANOTHER

(1996) JELR 104761 (CA)

Court of Appeal 18 Oct 1996 Kenya
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Case Details

Suit Number:Civil Appeal 29 of 1996
Judges:Akilano Molade Akiwumi, Amrittal Bhagwanji Shah, Abdulrasul Ahmed Lakha
Location:Nyeri
Other Citations:John Karinga Kimanga v. Samuel Kamau Kamunge & another [1996] eKLR

JUDGEMENT OF THE COURT

This is an appeal by the unsuccessful plaintiff against the decree of the superior court (Tunoi, J, as he then was) delivered on February 23, 1993 whereby he struck out the plaintiff’s suit on a so called preliminary point of law that it was res judicata, by an Originating Summons filed on December 5, 1990 the plaintiff sought orders, inter alia, for the register concerning three Land Parcels Number MUTIRA/KAGUYU/1266MUTIRA/KAGUYU/1267andMUTIRA/KAGUYU/1268 to be rectified to its original title Number MUTIRA/KAGUYU/449 and for the defendants’ name to be deleted from the three Land Parcels on the ground of adverse possession. At the hearing of the summons, the defendant’s advocate, without any notice whatsoever, argued that the suit was res Judicata and the learned judge held that there were three suits prior to the instant one where the matter raised in the summons was substantially in issue and that the plaintiff could not therefor raise the issue of adverse poss…

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