Emmanuel Mwanga Chemengich & another v Julius Kipketer [2017] KEELC 1146 (KLR)
- Court
- Environment & Land Court
- Case number
- 1146
- Citation
- [2017] KEELC 1146 (KLR)
- Decided
- 16 October 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAdverse PossessionPostureAppeal from a judgment of the Environment and Land Court
Holding
The plaintiffs are entitled to be registered as owners of the suit land by way of adverse possession.
Facts
The plaintiffs claim adverse possession of land owned by the defendant. The plaintiffs bought the land in 2001 and have been in continuous occupation since then.
Issues
- Whether the plaintiffs have met the threshold of being declared as having acquired the suit land by adverse possession.
- Whether the defendant's title is extinguished.
Reasoning
The plaintiffs have been in continuous occupation of the land since 2001, surpassing the 12-year threshold for a claim of adverse possession.
Outcome
Judgment for the plaintiffs
Orders
- The plaintiffs be registered as proprietors of Eldoret Municipality Block 14/934
- The defendant's title is declared extinguished
- The land parcel No. Eldoret Municipality Block 14/934 be registered in the names of the plaintiffs
Remedies
- Registration of the plaintiffs as proprietors of the land
Authorities cited
Legislation (4)
- Limitation of Actions Act (Cap 22) Laws of Kenya
- Land Act 2012
- Registration of Lands Act 2012
- Civil Procedure Rules 2010
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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