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PERIS NYIHA KANG'ETHE & 3 OTHERS
V.
FORTUNATUS CHARLES KAMAU

(2017) JELR 93203 (CA)

Court of Appeal 3 Nov 2017 Kenya
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Case Details

Suit Number:Civil Appeal 306 of 2013
Judges:Daniel Kiio Musinga JA Patrick Omwenga Kiage JA Agnes Kalekye Murgor JA
Location:Nairobi
Other Citations:Peris Nyiha Kang'ethe & 3 others v. Fortunatus Charles Kamau [2017] eKLR

JUDGMENT OF THE COURT

INTRODUCTION

1. This appeal is against the judgment of Ougo, J. delivered on 21st December, 2012 in which the court declared that the respondent had acquired title and became the proprietor of a parcel of land known as L.R. No. Dagoretti/Kangemi/711 (the suit land) by way of adverse possession; and further directed that the respondent be registered as the proprietor of the suit land in place of the late Serah Njeri Kang’ethe.

2. Being aggrieved by that decision, the appellants, as administrators of the estate of the late Serah Njeri Kang’ethe, preferred an appeal to this Court. Later on we shall set out the grounds of the appeal, but first, a summary of the pleadings and the evidence tendered before the High Court.

THE RESPONDENT’S CASE

3. In his affidavit in support of an amended Originating Summons, Fortunatus Charles Kamau, the applicant (now the respondent), stated that the suit land, which contains by measurement approximately 0.4 hectares or thereabout, was init…

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