Odera v Were (Civil Appeal E041 of 2024) [2025] KECA 1284 (KLR) (11 July 2025) (Judgment)

Facts

Agneta Anyango Were, as the personal representative and administratrix of the estate of Paul Were Ogutu, filed a suit against Noah Odera seeking orders of eviction, general damages, permanent injunction, and costs. Odera counterclaimed, claiming he owned half the suit land on account of a purchase and sought a declaration that his rights were extinguished by Section 7 of the Limitation of Actions Act.

Issues

1. Whether the respondent failed to prove her case against the appellant on the required standards.
2. Whether the appellant acquired the status of an adverse possessor and the trial court's order dismissing the counterclaim and ordering eviction, permanent injunction, and costs was correct.

Reasoning

The court found that the respondent failed to prove her case against the appellant and that the appellant did not acquire the status of an adverse possessor. The court held that the contract of sale was void ab initio due to the lack of legal capacity of the vendor and the absence of succession proceedings.

Outcome

Appeal dismissed

Authorities cited