William Gathecha Nguyo v Mwangi Kihara & Monica Wairuri Mwangi (Environment & Land Case 317 of 2012) [2016] KEELC 650 (KLR) (13 July 2016) (Judgment)
- Court
- Environment & Land Court
- Case number
- 650
- Citation
- [2016] KEELC 650 (KLR)
- Decided
- 13 July 2016
The plaintiff's suit is dismissed with costs as there is no evidence that the defendants are in possession of the suit property.
Facts
The plaintiff, William Gathecha Nguyo, claimed ownership of land parcel Marmanet/Melwa Block 1/112 (Muhotetu) in Nakuru, Kenya. The defendants, Mwangi Kihara and Monica Wairuri Mwangi, claimed they had been in possession of part of the land since 1983 and had acquired title by adverse possession. The plaintiff testified that the defendants had built a structure on his land, but the District Surveyor's report indicated the structure was not on his land.
Issues
- Ownership of land parcel Marmanet/Melwa Block 1/112 (Muhotetu)
- Adverse possession claim by defendants
Reasoning
The plaintiff's claim was dismissed because the District Surveyor's report showed the structure was not on his land. The defendants' adverse possession claim was also dismissed as it was abandoned.
Outcome
Dismissal of the plaintiff's suit with costs
Orders
- Dismissal of the plaintiff's suit with costs
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