Grace Wambui Kamau (Suing on behalf of Riruta Satellite Women Group) v Philomena Wambui [2018] KEELC 4423 (KLR)
- Court
- Environment & Land Court
- Case number
- 4423
- Citation
- [2018] KEELC 4423 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLimitation of Actions ActPostureAppeal from the original trialCoramK. BOR
Holding
The Plaintiffs have proved their claim for adverse possession and the court orders an injunction to restrain the Defendant from interfering with the Plaintiffs' quiet possession of the Suit Property.
Facts
The Plaintiffs claim adverse possession over the Suit Property, while the Defendant claims ownership and seeks eviction. The Plaintiffs have been in possession since 1987.
Issues
- Whether the Plaintiffs have become entitled to the Suit Property by adverse possession.
- Whether the Defendant's counterclaim for eviction should be granted.
Reasoning
The court found that the Plaintiffs have been in continuous possession of the land since 1987, which is consistent with the requirements for adverse possession.
Outcome
Plaintiffs win, injunction issued, costs awarded to Plaintiffs.
Orders
- An injunction to restrain the Defendant from interfering with the Plaintiffs' quiet possession of the Suit Property.
Remedies
- Injunction
Authorities cited
Legislation (2)
- Limitation of Actions Act (Cap 22)
- Kazungu Maleja Mbaru and 5 others v. Hathini Company Limited (2006) eKLR
Cases cited (1)
- Kazungu Maleja Mbaru and 5 others v. Hathini Company Limited (2006) eKLR
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…