Silvester Peter Ndeti v Ceciliam Situmai Ndeti & 4 others [2014] KEELC 151 (KLR)
- Court
- Environment & Land Court
- Case number
- 151
- Citation
- [2014] KEELC 151 (KLR)
Summary at a glance
TypeLand DisputePostureNotice of Motion for Injunction and CostsCoramL. Gacheru
The Plaintiff's Notice of Motion is dismissed, and the Defendants are awarded costs.
Facts
The Plaintiff, Silvester Peter Ndeti, sought an injunction to prevent Defendants from evicting him from land parcel No. 337/991. The Plaintiff claimed continuous possession since 1999, while Defendants argued that the Plaintiff's possession was not continuous.
Issues
- Continuity of possession by the Plaintiff
- Validity of the Plaintiff's claim of adverse possession
Reasoning
The court found that the Plaintiff did not establish a prima facie case for adverse possession and that the Defendants are the beneficiaries of the registered owner's estate.
Outcome
The Notice of Motion is dismissed.
Orders
- The court dismisses the Notice of Motion for Injunction and Costs.
Remedies
- Costs to the Respondents.
Authorities cited
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