Teresia Kagure Kagitu v Peter Mutua Musee [2019] KEELC 2820 (KLR)
- Court
- Environment & Land Court
- Case number
- 2820
- Citation
- [2019] KEELC 2820 (KLR)
- Decided
- 27 June 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAdverse PossessionPostureAppeal from a judgment dismissing the Plaintiff's claim for registration as owner of LR No. Nairobi/Block 113/98CoramE.O.OBAGA
Holding
The Plaintiff's suit is res-judicata and is struck out with costs to the Defendant.
Facts
The Plaintiff filed an Originating Summons seeking to be registered as the owner of LR No. Nairobi/Block 113/98 by way of adverse possession. She also sought an injunction against the Defendant. The Defendant filed a counter-claim seeking an injunction against the Plaintiff and an order for removal of encroached structures.
Issues
- Whether the Plaintiff's suit is res-judicata due to a previous judgment in ELC 137 of 2012
Reasoning
The Plaintiff's claim for adverse possession is barred by the previous judgment in ELC 137 of 2012, as she should have raised it as a defense to the Defendant's counter-claim.
Outcome
The Plaintiff's suit is struck out with costs to the Defendant.
Orders
- The Plaintiff's suit is struck out with costs to the Defendant.
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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