Customer Support

ROBERT SHUME & 3 OTHERS
V.
SAMSON KAZUNGU KALAMA

(2015) JELR 96303 (CA)

Court of Appeal 4 Dec 2015 Kenya
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:Civil Appeal 32 of 2015
Judges:Milton Stephen Asike Makhandia, Aaron G Ringera, William Ouko
Location:Malindi
Other Citations:Robert Shume & 3 others v. Samson Kazungu Kalama [2015] eKLR

JUDGMENT OF THE COURT

The appellants do not dispute the fact that parcel of land measuring approximately 36 acres and known as Plot No. 7651 (originally No. 570/2) MALINDI (the property) belongs to the respondent who purchased it from the original owner in 1972 and an indenture in his favour duly registered.

The appellants’ claim to the property is based on the statute of limitation; that they had been in occupation of the property ‘from time immemorial’, that they, their parents and forefathers planted mango, cashewnut and other trees on the property; and that their deceased family members were buried thereon.

While it was equally not in dispute that at the time the respondent purchased the property there were squatters on it, it was the respondent’s case that all the squatters on the property were compensated for the mango and coconut trees they had planted on the property and thereafter vacated it; and that subsequently the appellants together with others not exceeding ten persons re-…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.