John Francis Muyodi v Peter Lunani Ongoma & 2 others [2016] KECA 726 (KLR)
- Court
- Court of Appeal
- Case number
- 726
- Citation
- [2016] KECA 726 (KLR)
The court dismissed the appeal, finding that the appellant's claim for adverse possession was unfounded due to lack of continuous and uninterrupted possession for 12 years.
Facts
The appellant, John Francis Muyodi, claimed adverse possession of Land Parcel Number Marachi/Elukhari/1482, which was registered in the name of the 1st respondent, Peter Lunani Ongoma. The appellant alleged he had been in possession since 1952, operating a market and grazing cattle, and that the 1st respondent had no authority to lease the land to the 2nd and 3rd respondents.
Issues
- Whether the appellant had been in continuous and uninterrupted possession of the land for 12 years as required by Order 38 of the Civil Procedure Rules and section 7 of the Limitation of Actions Act.
- Whether the appellant's claim for adverse possession was unfounded.
Reasoning
The court concluded that the appellant had not proved continuous and uninterrupted possession of the land for 12 years, as required by the applicable law.
Outcome
Appeal dismissed with costs to the respondents.
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Limitation of Actions Act
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