Samson Ogwago Nyangla v Francis Kesera Ambiema (Deceased) & another [2018] KEELC 1534 (KLR)
- Court
- Environment & Land Court
- Case number
- 1534
- Citation
- [2018] KEELC 1534 (KLR)
- Decided
- 18 September 2018
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAdverse PossessionPostureAppeal from a decision of the Environment and Land CourtCoramJ. Mutungi, Madam, Samson Okongo
Holding
The plaintiff's case has not been proved against the defendants on a balance of probability, and the suit is dismissed with costs to the defendants.
Facts
The plaintiff claimed adverse possession of a portion of the suit land, while the defendants argued that they were the registered owners and that the plaintiff's possession was not open and notorious.
Issues
- Whether there was a contract of sale between the plaintiff and the 1st defendant concerning a portion of the suit land.
- Whether the 1st defendant put the plaintiff in possession or occupation of the suit land.
- Whether the plaintiff's occupation and possession of the portion measuring 1.6 hectares can amount to adverse possession.
- Whether the entry thereon and destruction of crops growing thereon by the 2nd defendant should be declared unlawful.
- Whether an injunction should issue against the defendants.
- Whether the defendants should be ordered to pay compensation to the plaintiff.
- Whether the defendants should pay the costs of the suit.
Reasoning
The court found that the 1st defendant is the registered owner of the suit land since 1978, and the plaintiff's possession was not open and notorious.
Outcome
Dismissed with costs
Orders
- The plaintiff's suit is dismissed with costs to the defendants.
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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