Zephan Kareithi & Co. Ltd & another v Jack Kaguu Githae [2021] KECA 751 (KLR)
- Court
- Court of Appeal
- Case number
- 751
- Citation
- [2021] KECA 751 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplicants seek an injunction to restrain the respondent from burying his wife on the subject land pending the hearing of an appeal.CoramM.K. KOOME, K. M’INOTI, A. K. MURGOR
Holding
The application is dismissed as the burial has already taken place and the application is academic.
Facts
The respondent entered into a sale agreement with the applicants for the purchase of the subject land. After payment, the respondent took possession and built on the land. The respondent claims adverse possession, while the applicants deny this and counterclaim for transfer of the land.
Issues
- Whether the respondent acquired the subject land through adverse possession.
- Whether the applicants should be restrained from burying the respondent's wife on the subject land pending the appeal.
Reasoning
The court found that the burial had taken place and the application was academic, thus dismissing the application.
Outcome
Application dismissed
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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