Kasongo & another v Ochieng & 2 others (Civil Appeal 123 of 2017) [2022] KECA 145 (KLR) (11 February 2022) (Judgment)

Facts

The respondents claimed adverse possession over land parcels described as South Sakwa/Kogelo/196 & 197, which were initially owned by Janet Aloo Okech and Gudo Odero. Later, the land was sold by Kenya Commercial Bank Limited to Joel Elijah Dolfus Nyaseme. The respondents claimed they had been in occupation and use of the land since the time of Gudo Odero's ownership.

Issues

1. Whether the respondents who claim to have been in occupation of the suit properties before they were sold by Kenya Commercial Bank to Nyaseme continued in occupation and if so, whether their occupation was adverse to the proprietary interest of Nyaseme and subsequently to that of the appellants who purchased the suit properties from Nyaseme.
2. Whether the appellants could be entitled to adverse possession over a portion of the land they purchased from Nyaseme, given the respondents' prior occupation and adverse possession

Reasoning

The court found that the respondents had been in adverse possession of a portion of the land for over 20 years and that the appellants could not reverse this adverse possession by purchasing the land from Nyaseme.

Outcome

Appeal dismissed with costs