Rassendyll Kecha Ndiema v Bernard Masaka Shinali & 2 others [2015] KEELC 281 (KLR)
- Court
- Environment & Land Court
- Case number
- 281
- Citation
- [2015] KEELC 281 (KLR)
- Decided
- 27 July 2015
The applicant has not demonstrated a prima facie case of adverse possession and the application is dismissed with costs to the first respondent
Facts
The suit land was originally registered in the name of John Ndara Kones, then transferred to Ben Nicodemus Omambia Mogaka, Agricultural Finance Company, and finally to Hon. Bernard Masaka Shinali. The applicant claims to have been invited to the land by John Ndara Kones in 1993 and has been on the land for over 21 years, claiming adverse possession of 30 acres.
Issues
- Whether the applicant has a prima facie case of adverse possession
- Whether the applicant's application is res judicata with the previous litigation
Reasoning
The court found that the applicant was a licensee of John Ndara Kones and could not claim adverse possession. The lease of 36.57 acres to Ben Nicodemus Omambia Mogaka for 10 years from 1994 predated the applicant's claim of adverse possession.
Outcome
Application dismissed
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