Emilio Marangu M’Ndiiri v Angero Munene Marindi [2021] KECA 796 (KLR)

Facts

Emilio Marangu M’Ndiiri claimed ownership of land parcels, while Angero Munene Marindi filed a counter-claim for a declaration of lawful ownership and eviction. The Environment and Land Court dismissed M’Ndiiri’s suit and entered judgment in favor of Marindi.

Issues

1. Whether the trial court erred in finding that time for a claim of adverse possession stopped running when Meru HCCC No 39 of 1992 was filed against M’Ndiiri.
2. Whether the trial court erred in finding that M’Ndiiri’s occupation of the suit properties was with the respondent’s consent.

Reasoning

The court found that the applicant’s claims were arguable but dismissed the application due to the applicant’s failure to satisfy the second precondition of the rule 5 (2) (b) of the Court of Appeal Rules.

Outcome

Application dismissed

Authorities cited