Okiro v Gatatha Farmers; Kaitet Tea Farmers (1977) Limited (Interested Party) (Civil Appeal 92 of 2018) [2022] KECA 748 (KLR) (27 May 2022) (Judgment)
- Court
- Court of Appeal
- Case number
- 748
- Citation
- [2022] KECA 748 (KLR)
- Decided
- 27 May 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the judgment and decree of the Environment and Land Court of Kenya at Kitale (M. Njoroge, J), dated 30th May, 2018 in ELC NO. 57 OF 2011CoramP. O. KIAGE, Mumbi Ngugi, F. TUIYOTT
Holding
The court dismissed the appeal, finding that the appellant was not entitled to the portion of the suit property and was a trespasser.
Facts
The respondent, Gatatha Farmers, claimed ownership of 1800 acres of land in Endebess, purchased from Endebess Limited in 1977. The deceased, Okiro Okoyo, had a life interest in 6 acres of the land, which reverted to the respondent upon his death in 1980. The appellant, Okiro, refused to vacate the land and claimed ownership of 36 acres.
Issues
- Ownership of the land
- Appellant's claim to 36 acres
Reasoning
The court held that the appellant's claim to 36 acres was invalid due to his refusal to vacate the land and his trespassing behavior. The court cited legal principles stating that every continuance of a trespass is a new trespass.
Outcome
Appeal dismissed
Orders
- Appeal dismissed in totality but with no order as costs
Authorities cited
Cases cited (1)
- Clerk & Lindsel on Torts 16th Edition, Sweet and Maxwell, 1994
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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