Vitalis Okoth Ngesa & 2 others (suing on their own behalf and as Officials of Kasarani Youth Panorama Association) v Kenya Builders and Concrete Limited & another [2019] KEELC 1 (KLR)

Facts

The plaintiffs claim adverse possession over a parcel of land registered in the name of the 1st defendant, alleging continuous and uninterrupted occupation since 2003.

Issues

1. Whether the plaintiffs have acquired right and title to the land by adverse possession
2. Whether the plaintiffs should be registered as proprietors of the land
3. Whether the 1st defendant should execute transfer and necessary acts to convey title to the plaintiffs
4. Whether a permanent injunction should issue against the defendants

Reasoning

The court found that the plaintiffs' occupation was not continuous and uninterrupted for over twelve years, and thus did not meet the requirements for adverse possession.

Outcome

The appeal is dismissed.

Authorities cited