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SUSAN MOSS
V.
SILAS SIELE STEPHEN & ANOR

(2018) JELR 93752 (CA)

Court of Appeal 17 May 2018 Kenya
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Case Details

Suit Number:Civil Appeal 69 of 2015
Judges:Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed
Location:Eldoret
Other Citations:Susan Moss v. Silas Siele Stephen & another [2018] eKLR

JUDGMENT OF THE COURT

[1] This is an appeal from the judgment and decree of the Kitale Environment and Land Court (Obaga, J.) whereby the court decreed that the respondents had acquired 125 acres out of title No. LR. No. 1948/10 registered in the name of Daniel Chepnoi Naibei Moss (DCN Moss) by adverse possession.

[2] The appellant is the widow of DCN Moss who died on 6th August, 1984. By a grant of representation dated 7th December, 1988, the appellant was appointed as the personal representative of D.C.N. Moss. The 1st and 2nd respondents Sisimwo Sila Siele and David Sisimwo are sons of Stephen Haron Sisimwo who died on 12th June, 1998. The two respondents are also the personal representatives of Stephen Haron Sisimwo by virtue of grant of letters of administration dated 11th April, 2005 which was later amended.

[3] By an originating summons dated 19th December, 2011, the respondents sought two main orders, namely, that they be deemed to have acquired 125 acres out of 469.5 acres in LR…

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