James Ritei Katita v Harchi Tranjan Dhampal S Chawla & 2others [2017] KEELC 1874 (KLR)
- Court
- Environment & Land Court
- Case number
- 1874
- Citation
- [2017] KEELC 1874 (KLR)
- Decided
- 22 September 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAdverse PossessionPostureAppeal from the original trialCoramO.A. ANGOTE
Holding
The Plaintiff is ordered to remove the kiosk from the land.
Facts
The Plaintiff claims adverse possession over a parcel of land known as Kajiado/Olooloitikoshi/Kitengela/44, seeking to be declared the owner based on continuous possession for 19 years.
Issues
- Whether the Plaintiff has been in continuous and uninterrupted possession of the land for 12 years.
- Whether the Plaintiff has proved the elements of adverse possession.
Reasoning
The court held that the Plaintiff must prove continuous possession for 12 years, and the burden of proof lies on the Plaintiff. The court directed the Plaintiff to remove the kiosk.
Outcome
Remand for removal of kiosk
Orders
- The Plaintiff is hereby directed to remove the kiosk standing on parcel of land known as Kajiado/Olooloitikoshi/Kitengela/44 forthwith.
Authorities cited
Legislation (1)
- Limitation of Actions Act Cap 22 Laws of Kenya
Cases cited (2)
- Raila Odinga vs. IEBC & 3 others (2013) eKLR
- Kirugi & Another vs. Kabiya & 3 others (1987) KLR 347
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.
Loading judgment…