Mabwa v Angelei & 3 others (Civil Appeal 35 of 2019) [2025] KECA 1037 (KLR) (5 June 2025) (Judgment)
- Court
- Court of Appeal
- Case number
- 1037
- Citation
- [2025] KECA 1037 (KLR)
- Decided
- 5 June 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the judgment and orders of the Environment and Land Court at KitaleCoramGV ODUNGA, Mwangi Njoroge
Holding
The appeal is dismissed with costs to the respondents.
Facts
Nancy Mabwa was the registered owner of Trans Nzoia/Kaisagat/201. The suit property was carved out of this land title. The appellant claims to be the sole owner of Trans Nzoia/Kaisagat/247, which was carved out. The 1st respondent claims to have purchased the land from Nancy Mabwa's late father and has been in occupation for over 20 years.
Issues
- Ownership of Trans Nzoia/Kaisagat/247
- Adverse possession and its effect on title
Reasoning
The court found that the appellant's claim to the land was not supported by evidence and that the 1st respondent's adverse possession claim was valid.
Outcome
Appeal dismissed
Authorities cited
Cases cited (3)
- Githu v Ndeete (1984) KLR 776
- Leonola Nerima Karani v William Wanyama Ndege (supra)
- Peter Thuo Kairu v Kuria Gacheru [1988] KLR 297; [1988- 92] 2 KAR 111; [1986-1989] EA 215
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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