Magabe Nyohero Mahiri v Charles Mwita Mbusiro (Sued as personal Representative of the estate of Daniel Mbusiro Mwita -Deceased) [2019] KEELC 492 (KLR)
- Court
- Environment & Land Court
- Case number
- 492
- Citation
- [2019] KEELC 492 (KLR)
- Decided
- 28 November 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAdverse PossessionPostureAppeal from a lower court decisionCoramMadan, Miles, Mr., Simpson
Holding
The court held that the plaintiff has not established his claim for adverse possession to the required standard.
Facts
The plaintiff, Magabe Nyohero Mahiri, initiated a suit against the defendant, Charles Mwita Mbusiro, seeking to establish adverse possession over a portion of land registered in the name of the defendant.
Issues
- Whether the plaintiff has established his claim for adverse possession to the required standard as held by the Court of Appeal in the case of Wilson Kazungu Katana and 101 others -v- Salim Abdalla Bakshwein and another (2015) eKLR
Reasoning
The court analyzed the evidence and the law, concluding that the plaintiff's possession was not open and exclusive, and did not last for a period in excess of twelve years.
Outcome
The plaintiff's claim for adverse possession was dismissed.
Orders
- Subdivision of LR NO. Bukira/Bwisaboka/2208 to delineate a portion measuring 4 1⁄2 acres and register it in the name of the plaintiff.
- Injunction restraining the defendant from interfering with the plaintiff's enjoyment of the said 4 1⁄2 acres of LR NO. Bukira/Bwisaboka/2208.
Remedies
- Subdivision of land and registration in the plaintiff's name
- Injunction against interference with the plaintiff's possession
Authorities cited
Legislation (3)
- Civil Procedure Rules
- Limitation of Actions Act
- Constitution of Kenya, 2010
Cases cited (1)
- Wilson Kazungu Katana and 101 others -v- Salim Abdalla Bakshwein and another (2015) 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.
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