MARY NDUTA MUTUNGI & 5 ORS
V.
WAMBUI NJENGA & 2 ORS

JUDGMENT OF THE COURT

[1.] The appellants appeal from the judgment of the High Court (Osiemo, J) declaring the respondents herein to be entitled to half share of land Title No. Githunguri/Githunguri 184 (suit land) by adverse possession and rectification of the land register sub-division and transfer.

[2.] The suit land which comprises of 5.2 acres was registered in the name of Joseph Mutungi Ng’ang’a on 10^th December, 1958 under the Registered Land Act (now repealed). The registered proprietor died in about 1981. In 1989, the Public Trustee filed a Succession Cause No. 1143 Of 1989 in the High Court at Nairobi.

A grant of representation to the estate of the deceased issued to the public trustee was confirmed on 28^th May, 1992 and the estate distributed to the six appellants and three others as tenants in common equal shares. The 1^st appellant is the widow of Joseph Mutungi Ng’ang’a and the 2^nd, 3^rd, 4^th, 5^th and 6^th appellants are her children.

[3.] The 1st respondent is the widow of Nje…