Samson Githua Kiboi v Hannah Wamaitha Njihia & another [1996] KECA 170 (KLR)

Facts

The appellant claimed to have bought land from the original owner, Njihia Ngamau, in 1964 for Kshs.400/= per acre. He claimed to have paid Kshs.2000/= for 5 acres but only received one acre. The respondents claimed the appellant was a trespasser and demanded he vacate the land.

Issues

1. Whether the appellant has the jurisdiction to consider his alternative defence of adverse possession.
2. Whether the court has the jurisdiction to entertain the appeal based on the value of the land as pleaded in the statement of defence.

Reasoning

The court found that the appellant's case was based on a price of Kshs.400/= per acre, which was as at the date of sale. Since then, land prices had increased, and the value of the disputed land should be the value as at the date of the suit. The court ruled that the appellant did not seek leave under Section 79E, making the appeal incompetent.

Outcome

The appeal is struck out with costs to the respondents.

Authorities cited