Woki Kamonde v Livingstone Munyui Kinuthia & 3 others [2018] KECA 417 (KLR)
- Court
- Court of Appeal
- Case number
- 417
- Citation
- [2018] KECA 417 (KLR)
We allow this appeal, set aside the judgment of the High Court and substitute therefor an order allowing the appellant's OS filed in August 1993, as prayed therein.
Facts
The deceased transferred the suit property to the respondents and another person by way of a gift intervivos on 6th October 1973. The appellant was settled on the suit property by the deceased in 1958 and filed an originating summons seeking a declaration that she was entitled to the suit property by adverse possession.
Issues
- Whether the appellant was settled on the suit property as of right
- Whether the respondents had divested themselves of title to the suit property in favor of the 4th respondent when the appellant filed the OS
Reasoning
The appellant's occupation of the suit property was without the permission or consent of the respondents and she had adverse possession for 12 years. The respondents sold the suit property to the 4th respondent in 1993, and the appellant's claim was not defeated.
Outcome
The appeal is allowed, the judgment of the High Court is set aside, and an order allowing the appellant's OS is substituted.
Orders
- Allow the appellant's OS filed in August 1993, as prayed therein
Remedies
- The appellant will have costs both in the High Court and in this Court
Authorities cited
Cases cited (7)
- Warui v. Musimba (supra)
- Ng’ati Farmers Co-operative Society Ltd v. Councilor Ledidi & 15 others
- Nakuru CA No. 64 of 2004
- Francis Gicharu v. Peter Njoroge Mairu
- Civil Appeal No. 293 of 2002
- Benjamin Kamau Mirima & others v. Gladys Njeri
- Wambugu v. Njuguna (1983) KLR
Loading judgment…