Mwalimu & 6 others v Halal & another (Civil Appeal E036 of 2023) [2025] KECA 1186 (KLR) (4 July 2025) (Judgment)
- Court
- Court of Appeal
- Case number
- 1186
- Citation
- [2025] KECA 1186 (KLR)
- Decided
- 4 July 2025
The Court of Appeal upheld the judgment of the Environment and Land Court, affirming the appellants' entitlement to be declared as the proprietors of the suit property.
Facts
The appellants, Mwalimu & 6 others, claimed adverse possession of title No. Mombasa Island Block XV/31, which was later amended to read Block XV/31, on which stood a godown where the appellants operated a motor garage in the name and style of Mwalimu Autoworks under a tenancy agreement previously entered into between their deceased father, Mwalimu Fadhili, and the then registered proprietor named Georgina Christian.
Issues
- Are the appellants entitled to be declared as the proprietors of the Plot, Land or Premises known as Title No. Mombasa Island Block XV/31.
- Was the transfer of Plot No. Title No. Mombasa Island Block XV/31 effected procedurally.
Reasoning
The Court of Appeal found that the appellants had established their claim to the property through adverse possession and that the transfer of the property was procedurally valid.
Outcome
Affirmed
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