Zacharia Ondieki v Patrick Kuresoi [2019] KEELC 2094 (KLR)
- Court
- Environment & Land Court
- Case number
- 2094
- Citation
- [2019] KEELC 2094 (KLR)
Summary at a glance
TypeLand SuitPostureAppeal from the Chief Magistrate's Court, NakuruCoramJUSTICE MUNYAO SILA
The plaintiff's suit succeeds and the defendant's counterclaim fails. The plaintiff is declared the rightful proprietor of the land parcel and is permanently restrained from the land.
Facts
The plaintiff, Zacharia Ondieki, claimed ownership of land parcel Nakuru/ Ngongongeri / 47, which he had purchased from Dinah Kimuge on 24 March 2006. The defendant, Patrick Kuresoi, claimed adverse possession and fraud in acquiring the title.
Issues
- Ownership of the land parcel Nakuru/ Ngongongeri / 47
- Fraud in acquiring the title
- Adverse possession claim
Reasoning
The plaintiff's title was not procured through fraud and he has been in peaceful occupation of the land since 1997. The defendant's claim of adverse possession is dismissed as he has not provided evidence of continuous possession for 12 years.
Outcome
The plaintiff is declared the rightful proprietor and is permanently restrained from the land.
Orders
- Declaration that the plaintiff is the rightful proprietor of the land parcel
- Permanent injunction against the defendant from entering or interfering with the plaintiff's occupation of the land
- Costs awarded to the plaintiff
Remedies
- Permanent injunction
- Costs awarded to the plaintiff
Authorities cited
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