Judgment[1994] KECA 83
Lali S. Lali & 3 others v Stephen M. Wachira & 2 others
Court of Appeal at Nairobi
Case law
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Division and case type: CivilCivil Appeal
as if their action had been begun by filing a plaint. According to him, the provisions of rule 10 of order XXXVI of the Rules had been brought to the attention of the judge and since a claim by adverse possession must only be brought through an Originating Summons, if the issues therein were disputed, the superior court should have dealt with the matter as if the same had been begun by filing a plaint.