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MORAA NDEGE
V.
MOENGA MOENGA

(2015) JELR 97630 (CA)

Court of Appeal 6 Nov 2015 Kenya
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Case Details

Suit Number:Civil Appeal 280 of 2011
Judges:David Kenani Maraga, Agnes Kalekye Murgor, Stephen Gatembu Kairu
Location:Kisumu
Other Citations:Moraa Ndege v. Moenga Moenga [2015] eKLR

JUDGMENT OF THE COURT

In this appeal, the appellant seeks to set aside the judgment of the High Court where the court found that, the appellant had failed to establish her claim for adverse possession over a portion of a property known as Parcel No. West Mugirango/Bonyamatuta/525, belonging to the respondent. The portion the appellant claimed measured 0.7 hectares (“the disputed portion”).

By way of an Originating Summons and the affidavit in support sworn by the Moraa Ndege, the appellant herein deponed that she is the administratrix of the estate of her husband, the late Ndege Nyamora (the deceased), who died intestate on 23rd March 1994 at Kebirigo area. It was her contention that on 20th June 1963 Parcel No. West Mugirango/Bonyamatata/526 was decreed to the deceased by the Court at Gesima in Civil Case 60 of 1963 Ndege Nyamora v. Agori Akuma and Moenga Moenga, where the physical boundaries between the deceased’s land and the respondent’s land were clearly demarcated, as a result of …

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