Fatuma Gatitu Muhamudo & another v Yusuf Juma (The administrator of the estate of the late Juma Yusuf) [2019] KEELC 85 (KLR)
- Court
- Environment & Land Court
- Case number
- 85
- Citation
- [2019] KEELC 85 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal from a preliminary objection and application for injunction and inhibitionCoramJudge Olao, Miss Ndegwa, Ndubi
Holding
The suit is not res judicata and the preliminary objection is dismissed. The application for inhibition and injunction is allowed but with a stay of 1 year.
Facts
The plaintiffs claim adverse possession over 1/2 share of land parcel no. LR Ntima/Igoki/610, which was also the subject of a succession cause in Isiolo Kadhis court. The plaintiffs claim continuous occupation since 1958.
Issues
- Whether the suit is res judicata to the succession cause in Isiolo Kadhis court
- Whether the orders of inhibition and injunction are merited
Reasoning
The plaintiffs' claim of adverse possession is not covered by the succession cause in Isiolo Kadhis court. The plaintiffs have established a prima facie case for adverse possession and the balance of convenience tilts in their favour.
Outcome
Appeal dismissed
Orders
- Preliminary objection dismissed
- Inhibition and injunction granted with a stay of 1 year
Remedies
- Preservation of the status quo on the suit land
Authorities cited
Legislation (2)
- Civil Procedure Act
- Land Registration Act
Cases cited (3)
- Michael Gachoki Gicheru vs Joseph Karobia Gicheru Kerugoya ELC No. 783/2013
- Henry Wanyama Khaemba vs Standard Chartered Bank Kenya LTD and another, Nairobi High court, Commercial and Admiralty division civil suit no.335/2013
- Giella vs Cassman Brown
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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