Joshua Nyamache Omasire v Charles Kinanga Maena [2019] KECA 33 (KLR)
- Court
- Court of Appeal
- Case number
- 33
- Citation
- [2019] KECA 33 (KLR)
- Decided
- 30 December 2019
The Court of Appeal found that the respondent was the rightful owner of the disputed portion of land, as the appellant failed to prove that there was an error in the measurements of his land.
Facts
The appellant claims to have been allocated the suit property by Settlement Fund Trustees in 1964, measuring approximately 10.9 hectares. He alleges that the respondent filed a complaint in 1986 claiming ownership of the disputed portion, which was erroneously indicated as part of the respondent's land Gesima Settlement Scheme/59. The appellant returned a faulty title deed and was issued a new one indicating the correct measurement of 10.9 hectares.
Issues
- whether the respondent's claim was statute barred
- who is the owner of the disputed portion of land
Reasoning
The Court of Appeal held that the appellant's claim was statute barred due to lack of evidence of adverse possession. The court also found that the respondent was the rightful owner of the disputed portion based on the evidence of the 1982 area list and the 1988 transfer and discharge of charge from SFT.
Outcome
Affirmed
Authorities cited
Legislation (1)
- Evidence Act
Cases cited (2)
- Abok James Odera T/A A.J Odera & Associates v. John Patrick Machira T/A Machira & Co. Advocates (2013) eKLR
- Kenya Ports Authority v. Kuston (Kenya) Limited (2009) 2 EA 212
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