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RICHARD NALWELISIE MASINDE & 2 OTHERS
V.
BARASA NYONGESA MAMATI

(2020) JELR 94282 (CA)

Court of Appeal 23 Oct 2020 Kenya
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Case Details

Suit Number:Civil Appeal 136 of 2017
Judges:Wanjiru Karanja, Jamila Mohammed, Stephen Gatembu Kairu
Location:Nairobi
Other Citations:Richard Nalwelisie Masinde & 2 others v. Barasa Nyongesa Mamati [2020] eKLR

JUDGMENT OF THE COURT

1. A brief background of the case is that, the initial owner of Land Parcel Number EAST BUKUSU/SOUTH NALONDO/661, (the suit property), was the late Nyongesa Mamati Mikhwende who was a relative to (Barasa Nyongesa Mamati) the respondent herein. Following the death of Nyongesa Mamati, the respondent moved to court in 2006, vide Bungoma High Court Succession Cause No. 13 of 2006 wherein he listed the suit property as part of the Nyongesa Mamati’s free estate. He obtained the Grant of letters of administration and had himself registered as the owner of the land.

2. According to the appellants however, their late father, one George Masinde Murunga, had purchased the suit property from the respondent’s father way back in 1967 and he had put up a home and planted many crops thereon including sugarcane contracted to Nzoia Sugar Company. They said that their father and his family had occupied the said property openly, exclusively, continuously and adversely since 1967.

3. Ba…

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