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WAMBUI GIKWA
V.
PAUL KIMANI MURABA

(2016) JELR 93044 (CA)

Court of Appeal 2 Dec 2016 Kenya
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Case Details

Suit Number:Civil Appeal 161 of 2013
Judges:Alnashir Ramazanali Magan Visram, Sankale ole Kantai, Fatuma sichale
Location:Nairobi
Other Citations:Wambui Gikwa v. Paul Kimani Muraba [2016] eKLR

JUDGMENT OF THE COURT

1. The crux of the matter before us revolves around the ownership of a parcel of land described as L.R No. Ngong/Ngong/6138 (hereinafter referred to as the suit land). The appellant’s claim is that of a registered proprietor, while the respondent’s claim is based on adverse possession. As the first appellate court we are cognizant of our primary role to reassess and re-evaluate the evidence tendered before the trial court and reach our own conclusions bearing in mind we neither saw nor heard the witnesses. See Musera v. Mwechelesi and Another (2007) KLR 159.

2. We can discern from the record that the suit land originally belonged to one Samuel Seno. He sold the same to the appellant. Apparently, upon the demise of the said Samuel Seno one of his wives, namely Monica Wairimu, also deceased, sold the suit land again to the respondent’s father, Kimani Muraba. Thereafter, the respondent and his parents moved onto the suit land in the year 1982. Since then the responden…

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