Michael Chebii Toroitich v Peter Mogin Yatich Chebii [2013] KEELC 60 (KLR)
- Court
- Environment & Land Court
- Case number
- 60
- Citation
- [2013] KEELC 60 (KLR)
- Decided
- 16 October 2013
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePosturePreliminary Objection DismissedCoramJUSTICE MUNYAO SILA
Holding
The plaintiff's claim is not barred by res judicata as the cause of action has never been tried before.
Facts
The plaintiff claims half of the land parcel No. 1805, now designated as parcel No. 2453, based on adverse possession. The defendant claims the land as his own, stating he inherited it from their father and registered it in his name.
Issues
- Whether the plaintiff has acquired title to the land by adverse possession.
- Whether the plaintiff's claim is barred by res judicata.
Reasoning
The plaintiff's claim is based on adverse possession, which was not an issue in previous proceedings. The defendant's claim is based on a trust, which was not contested in previous proceedings.
Outcome
Preliminary Objection Dismissed
Orders
- The matter is to proceed to determine whether the plaintiff has acquired title to what he claims by way of adverse possession.
Authorities cited
Cases cited (5)
- Civil Procedure Act, CAP 21
- Limitation of Actions Act, CAP 22
- Land Registration Act, Act No. 3 of 2012
- Iten RMCC No. 9 of 1994
- Iten Land Disputes Case No. 15 of 2010
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.
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