Issah v Kambu & 18 others (Civil Appeal E050 of 2022) [2026] KECA 329 (KLR) (27 February 2026) (Judgment)
- Court
- Court of Appeal
- Case number
- 329
- Citation
- [2026] KECA 329 (KLR)
- Decided
- 27 February 2026
The respondents were entitled to continue occupation of part of the suit property on account of having acquired title by way of adverse possession.
Facts
The appellant, Abdalla Mohammed Issah, claimed to be the sole registered owner of the suit property measuring 30 acres, inherited from his deceased uncle. The respondents, Christopher Mumba Kambu and 18 others, claimed adverse possession of a portion of the property.
Issues
- Whether the respondents have acquired title by adverse possession
Reasoning
The court found that the appellant did not produce the actual Title Deed or Certificate of Title, but there was strong evidence that he was the indefeasible owner of the suit property by inheritance. The respondents did not oust the evidence that the appellant was the indefeasible owner of the suit property.
Outcome
Appeal dismissed
Authorities cited
Cases cited (2)
- Rutongot Farm Limited vs. Kenya Forest Service & 3 Others (2018) eKLR
- Land Registration Act, 2012
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