Joram v Obadiah (Civil Appeal E029 of 2021) [2026] KECA 667 (KLR) (25 March 2026) (Judgment)
- Court
- Court of Appeal
- Case number
- 667
- Citation
- [2026] KECA 667 (KLR)
- Decided
- 25 March 2026
The court dismissed the appeal and found in favor of the respondent, holding that the respondent proved adverse possession and the appellant did not assert his rights over the suit property.
Facts
The respondent, Obadiah, claimed adverse possession of the suit property (LR Ngandori/Kiriari/1010) from Joram Gaciithire and Ishmael Joram. Obadiah alleged he bought the land in 1961 and took possession immediately, while Ishmael Joram claimed he was allocated the land by his clan in 1960 and did not utilize it.
Issues
- Whether the respondent proved open, continuous and adverse possession of the suit property
- Whether the appellant's actions effectively interrupted the possession of the suit property
Reasoning
The court found that the respondent proved adverse possession and the appellant did not assert his rights over the suit property. The court also noted that the appellant's actions did not effectively interrupt the possession of the suit property.
Outcome
Appeal dismissed with costs
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