Priscilla Wamaitha Kamau & 2 others v Francis Kiarie Waweru & another [2019] KEELC 4976 (KLR)
- Court
- Environment & Land Court
- Case number
- 4976
- Citation
- [2019] KEELC 4976 (KLR)
- Decided
- 24 January 2019
Summary at a glance
TypeLand DisputePostureAppeal from the original trialCoramNot explicitly named in the text, but implied to be the presiding judge(s)
The court found that the plaintiffs have established their adverse possession claim in respect of portions of Plot No. 1771 and Plot No. 1774.
Facts
The plaintiffs claim adverse possession over two parcels of land, Dagoretti/Rituta/1771 and Dagoretti/Rituta/1774, previously known as Dagoretti/Riruta/116 and Dagoretti/Kangemi/115. The plaintiffs allege they have been in possession since 1966, and the defendants are the administrators of the estate of the deceased owner.
Issues
- Whether the plaintiffs have acquired titles to the parcels of land by way of adverse possession.
- Whether the plaintiffs are the rightful owners of the parcels of land.
Reasoning
The court ruled that the plaintiffs have been in continuous and uninterrupted possession of the land for 12 years or more, open and as of right, without interruption, and inconsistent with the rights of the registered owner.
Outcome
The plaintiffs' claim for adverse possession and ownership of the parcels of land was upheld.
Orders
- The defendants were restrained from interfering, selling, transferring, distributing, or alienating the parcels of land.
Remedies
- Declaration of ownership and possession of the parcels of land.
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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