Lewa & 3 others v Chairman Land Commission & 4 others (Civil Appeal E016 of 2022) [2025] KECA 678 (KLR) (11 April 2025) (Judgment)
- Court
- Court of Appeal
- Case number
- 678
- Citation
- [2025] KECA 678 (KLR)
- Decided
- 11 April 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the Judgment of the Environment and Land Court of KenyaCoramF. TUIYOTT, DR. K. I. LAIBUTA, F. W. NGENYE-MACHARIA
Holding
The appeal is dismissed with costs to the 1st and 2nd respondents.
Facts
The appellants claim adverse possession of 5 or 6 acres from Plot No. 139 (the suit parcel) located at Malindi. The appellants allege they have been residing on the suit portion since 1945 and that the deceased, Mohamed Omar Bawaly, purchased the land in 1973-1977. The 1st respondent, Jogi Motors Limited, now owns the entire suit parcel.
Issues
- Entitlement of the appellants to the suit portion by adverse possession
- Validity of the 1st respondent's claim to the entire suit parcel
Reasoning
The appellants' possession was disrupted when Joshua Rodrot fenced the entire suit parcel. The court found that the claim for adverse possession was not proved.
Outcome
Appeal dismissed
Authorities cited
Cases cited (2)
- Joseph Gachumi Kiritu vs. Lawrence Munyambu Kabura (1996) KECA 222 (KLR)
- Mbira vs. Gachuhi [2002]1 EALR 137
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.
Loading judgment…