Gogo & another v Mwasia & 6 others (Civil Appeal E110 of 2021) [2024] KECA 1827 (KLR) (20 December 2024) (Judgment)
- Court
- Court of Appeal
- Case number
- 1827
- Citation
- [2024] KECA 1827 (KLR)
- Decided
- 20 December 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a ruling of the Environment and Land Court of Kenya at MombasaCoramD. K. MUSINGA, DR. K. I. LAIBUTA CArb, FCIArb., G. W. NG’ENYE-MACHARIA
Holding
The Court of Appeal dismissed the appeal and upheld the ruling of the Environment and Land Court.
Facts
The deceased, Amri Mchoro Mwamuri, had taken out an Originating Summons in the High Court at Mombasa praying for a declaration that he was the proprietor of 1.76 hectares of land comprised of 5 parcels, and for orders that he was entitled to be registered as the owner of the said parcels of land, and to be issued with certificates of titles thereto.
Issues
- Whether the deceased had acquired the land by adverse possession after allegedly residing on it for over 73 years.
- Whether the deceased was entitled to a declaration and orders as prayed for in his Originating Summons.
Reasoning
The Court of Appeal found that the deceased had not established his claim of adverse possession and that the ruling of the Environment and Land Court was not vitiated by any error.
Outcome
Appeal dismissed
Orders
- The appeal is dismissed.
- The ruling of the Environment and Land Court dated 16th July 2020 in ELC Case No. 120 of 2007 (OS) is upheld.
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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