Kirangi Nyamu v Ireri Mbogo & 3 others [2017] KEELC 2105 (KLR)
- Court
- Environment & Land Court
- Case number
- 2105
- Citation
- [2017] KEELC 2105 (KLR)
- Decided
- 14 July 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand Adverse PossessionPostureAppeal from dismissal of original suitCoramB. N. OLAO
Holding
Kiranji Nyamu is evicted from land parcel EMBU/GANGARA/266
Facts
Kiranji Nyamu filed an Originating Summons seeking to be registered as the lawful owner of land parcels EMBU/GANGARA/265, 266, 267, and 268. The suit was dismissed on 10th December 2013. Kiranji Nyamu then filed an application to review the dismissal order, which was not prosecuted. Gabriel Ngai filed an application seeking eviction of Kiranji Nyamu from land parcels 265, 266, 267, and 268.
Issues
- Adverse possession of land parcels EMBU/GANGARA/265, 266, 267, and 268
- Eviction of Kiranji Nyamu from land parcels 265, 266, 267, and 268
Reasoning
The respondent lost the opportunity to acquire land by adverse possession when the suit was dismissed on 10th December 2013. The respondent is not entitled to remain on the land parcel registered in his name.
Outcome
Eviction of Kiranji Nyamu from land parcel EMBU/GANGARA/266
Orders
- Eviction of Kiranji Nyamu from land parcel EMBU/GANGARA/266
- Eviction to be carried out in the manner prescribed under the provisions of Section 152 of the Land Act
- Kiranji Nyamu to meet the costs of the application
Remedies
- Eviction of Kiranji Nyamu from land parcel EMBU/GANGARA/266
- Security provided by the Officer Commanding Siakago Police Station to enforce the eviction order
Authorities cited
Legislation (3)
- Land Act
- Limitation of Actions Act
- National Police Act
Cases cited (1)
- KAMAU MUCHINA VS THE RIPPLES C.A CIVIL APPEAL No. 186 of 1992
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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