John Ndungu Mbugua v Leah W. Muchohi (sued as the legal representative of the estate of Muchohi Gikonyo-Deceased) [2015] KEELC 583 (KLR)
- Court
- Environment & Land Court
- Case number
- 583
- Citation
- [2015] KEELC 583 (KLR)
- Decided
- 24 March 2015
The Court found that the Plaintiff's suit is not res judicata, the Plaintiff has acquired title to the suit property by adverse possession, and the Defendant was not time barred from executing the judgment. The Plaintiff is entitled to the remedies sought.
Facts
The Plaintiff filed a suit against the Defendant, who was substituted as the legal representative of the estate of Muchohi Gikonyo. The Plaintiff sought to declare that he had acquired title to the suit property by adverse possession and other related matters.
Issues
- Whether the suit filed by the Plaintiff is res judicata
- Whether the Plaintiff has acquired title to the suit property by way of adverse possession
- Whether the Defendant was time barred from executing judgment delivered in 1990
- Whether the Plaintiff is entitled to the remedies sought
Reasoning
The Court considered the pleadings and submissions and found that the Plaintiff's claim was not res judicata, he had acquired title by adverse possession, and the Defendant was not time barred.
Outcome
The Plaintiff's suit is not res judicata, he has acquired title to the suit property by adverse possession, and the Defendant was not time barred. The Plaintiff is entitled to the remedies sought.
Orders
- The Plaintiff is entitled to the remedies sought
Remedies
- Declaration that the Plaintiff has acquired title to the suit property by adverse possession
- Order that the Plaintiff be registered as the proprietor of the suit property in place of the deceased
- Permanent injunction restraining the Defendants from evicting and interfering with the Plaintiff's possession of the suit property
- Order restraining the Defendants from selling, leasing, charging, disposing off, interfering with or dealing with the suit property
Authorities cited
Legislation (2)
- Limitation of Actions Act
- Civil Procedure Act
Cases cited (1)
- Kagai Mwangi vs. Ephantus Ngari Mwangi (2014) eKLR
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