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PETER MBURU KAMAU
V.
LABAN KARANJA KIRUMBA & ANOR (AS PERSONAL REPRESENTATIVES OF THE ESTATE OF KIRUMBA NGIRI DECEASED)

(2022) JELR 113973 (CA)

Court of Appeal 10 Jun 2022 Kenya
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Case Details

Suit Number:Civil Appeal 367 of 2018
Judges:DK Musinga, JA HM Okwengu, JA MA Warsame, JA
Location:Nairobi

JUDGMENT

[1] This is an appeal arising from the Judgment of the Environment and Land Court (ELC) (Eboso, J.) in which the learned Judge made orders declaring Peter Mburu Kamau (the appellant) entitled to be registered under section 38 of the Limitations Act as proprietor of L.R. No. Githunguri/Githiga/T.593, and ordered the Land Registrar to register the appellant as a proprietor of that property. The learned Judge also dismissed the appellant’s claim under the doctrine of adverse possession, for 40/70 share of L.R. Githunguri/Githiga/12 (suit property).

[2] At the time the appellant filed the suit, the suit property was registered in the name of three persons as follows:

(a) Raymond Kirumba Ngiri ……….40/70 Share

(b) Hannah Wanjiru Wanjau…...….15/70 Share

(c) Maria Nyaguthi Thuku……….. 15/70 Share

[3] In his originating summons, the appellant had sought for orders that he is entitled to be registered as proprietor of 40/70 share of the suit property that was owned by Kirumba Ngiri, and the w…

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