Kigorwe & another v Ibua (Civil Appeal 176 of 2019) [2022] KECA 70 (KLR) (4 February 2022) (Judgment)
- Court
- Court of Appeal
- Case number
- 70
- Citation
- [2022] KECA 70 (KLR)
- Decided
- 4 February 2022
The respondent was entitled to the 9 acres of land he claimed, and the appeal has no merit.
Facts
The respondent, Francis Mawathi Ibua, claimed adverse possession over the suit property (Title No. L.R. Nyaki/Giaki-Kiburine/556) and parcels of land (Title Nos. Nyaki/Giaki-Kiburine/478 and 479) registered in the names of the appellants, Cyprian Kigorwe and Solomon Gitundu. The respondent claimed possession since 1970 and sought to transfer 9 acres of the suit property to him.
Issues
- Whether the respondent proved adverse possession over the suit property for more than 12 years.
- Whether the trial judge erred in considering evidence after the pre-trial conference.
Reasoning
The court found that the respondent had occupied the suit property since 1970 without interruption and that the abandonment of possession by the appellants did not establish adverse possession. The court dismissed the appeal.
Outcome
Appeal dismissed with costs to the respondent.
Orders
- The respondent was awarded 9 acres of the suit property.
Authorities cited
Cases cited (2)
- Richard Wefwafwa Songoi v Ben Munyitwa Songoi (2020) eKLR
- Alfred Welimo v Mulaa Sumba Barasa C.A. 186 of 2011 (ur)
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