Mugo v Makengo (Civil Appeal 47 of 2019) [2024] KECA 716 (KLR) (21 June 2024) (Judgment)

Facts

The appellant, Charles Njeru Mugo, filed an originating summons seeking a declaration that he had become entitled to the suit property by way of adverse possession. The respondent, Iriga Makengo, denied that the appellant had lived on the property or developed it. The respondent claimed to be the owner of the land based on a previous decision by the Mbeere District Land Disputes Tribunal.

Issues

1. The court's failure to appreciate the issue of photograph or video evidence.
2. The court's failure to appreciate the respondent's claim of adverse possession.
3. The court's failure to appreciate the appellant's claim of adverse possession and exclusive possession of the suit property.

Reasoning

The court affirmed the judgment of the Environment and Land Court, finding that the appellant had not presented sufficient evidence to prove his claim of adverse possession.

Outcome

Affirmed