Gicho v Kenatco Transport Co Limited (Civil Appeal E084 of 2021) [2024] KECA 717 (KLR) (21 June 2024) (Judgment)
- Court
- Court of Appeal
- Case number
- 717
- Citation
- [2024] KECA 717 (KLR)
- Decided
- 21 June 2024
The Court dismisses the appellant's counterclaim and sets aside the judgment in favor of the respondent.
Facts
The respondent sought vacant possession of the suit property and mesne profits from the appellant, who was the registered proprietor. The deceased, an employee of the respondent, was assigned a house in the suit property and was to vacate it upon termination of employment. The respondent went into receivership, and the deceased failed to vacate the property.
Issues
- Whether the deceased's possession of the suit property constitutes adverse possession.
- Whether the respondent's suit is barred by limitation.
- Whether the appellant's counterclaim is maintainable.
Reasoning
The Court finds that the deceased's possession does not constitute adverse possession due to lack of evidence regarding the agreement and the running of time. The respondent's suit is barred by limitation, and the appellant's counterclaim is not maintainable.
Outcome
Appeal dismissed, judgment set aside in favor of the respondent.
Orders
- Set aside the judgment in favor of the respondent.
- Dismiss the appellant's counterclaim.
Authorities cited
Cases cited (2)
- William Gatuhi Murathe v Gakuru Gathimbi Civil Appeal No. 49 of 1996
- Samuel Gikaru Njoroge (appealing as representatives of the estate of the late Geoffrey Gikaru Njoroge) v Kenatco Transport Co. Limited
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