Babubhai M Mistry v Joreth Limited & another [2016] KEELC 512 (KLR)
- Court
- Environment & Land Court
- Case number
- 512
- Citation
- [2016] KEELC 512 (KLR)
- Decided
- 20 May 2016
The Plaintiff's application for a temporary injunction is dismissed. The status quo relating to the title, possession, and use of the suit property shall be maintained pending the hearing and determination of the suit.
Facts
The Plaintiff claimed adverse possession of a portion of land known as Plot No. 281 in Thome Farmers No. 5 Limited, which was registered in the name of the 2nd Defendant. The Plaintiff alleged he acquired the property by adverse possession, while the 1st Defendant argued the Plaintiff's claim was invalid due to lack of title.
Issues
- Whether the Plaintiff has established a prima facie case of adverse possession against the 1st and 2nd Defendants.
- Whether the Plaintiff's application for a temporary injunction should be granted.
Reasoning
The court found insufficient evidence to establish a prima facie case of adverse possession. The Plaintiff did not provide clear evidence of how he entered the property or his occupation of it for the necessary period.
Outcome
Appeal dismissed
Orders
- Status quo maintained pending the hearing and determination of the suit.
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