Rajab Nandwa Akida & another v Patricia Mary Davidson [2018] KEELC 1671 (KLR)
- Court
- Environment & Land Court
- Case number
- 1671
- Citation
- [2018] KEELC 1671 (KLR)
- Decided
- 21 September 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAdverse PossessionPostureAppeal from a decision of the Environment and Land CourtCoramB M EBOSO
Holding
The plaintiffs have met the criteria for acquisition of title under the doctrine of adverse possession, and the orders sought in the originating summons are granted.
Facts
The plaintiffs claimed adverse possession of the suit property since 1997, and the defendant did not file a statement of defence or present any evidence.
Issues
- Whether the plaintiffs have satisfied the criteria for acquisition of title under the doctrine of adverse possession.
Reasoning
The court found that the defendant did not file a statement of defence and did not present any evidence, thus the plaintiffs' uncontroverted evidence of uninterrupted and unchallenged possession since 1997 was sufficient.
Outcome
Appeal dismissed
Orders
- Orders sought in the originating summons are granted
Remedies
- Vesting instruments will be executed by the Deputy Registrar of the Environment and Land Court
Authorities cited
Legislation (2)
- Section 38(1) and Section 7 of the Limitation of Actions Act
- Order 37 rule 7 of the 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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