Mark Collins & another v Innocent Otieno & 3 others [2017] KEELC 1961 (KLR)
- Court
- Environment & Land Court
- Case number
- 1961
- Citation
- [2017] KEELC 1961 (KLR)
- Decided
- 20 July 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand RegistrationPostureAppeal from the original trialCoramG.M.A. ONGONDO
Holding
The application is dismissed with costs to the defendants.
Facts
The plaintiff/applicant seeks a declaration that the defendants' rights to the land parcel are barred under the Limitation of Actions Act and that the plaintiffs have acquired prescriptive rights over the land.
Issues
- Whether the plaintiff's rights to the land parcel are barred under the Limitation of Actions Act.
- Whether the plaintiff has acquired prescriptive rights over the land parcel.
Reasoning
The court found that the plaintiff's rights to the land parcel are not barred under the Limitation of Actions Act and that the plaintiff has acquired prescriptive rights over the land.
Outcome
Appeal dismissed
Orders
- Costs to be borne by the defendants
Authorities cited
Legislation (1)
- Limitation of Actions Act (Cap 22)
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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