Colleta Nerima Ojwang & 2 Others v Nobert Makwara Opiyo [2020] KEELC 2809 (KLR)
- Court
- Environment & Land Court
- Case number
- 2809
- Citation
- [2020] KEELC 2809 (KLR)
- Decided
- 30 April 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal from a lower court decisionCoramA. OMOLLO
Holding
The applicants are entitled to the entire portion they are occupying, and the respondent's claim for permanent injunction and eviction is dismissed.
Facts
The applicants claim adverse possession of a portion of land (L.R No. Bukhayo/Kisoko/2387) registered in the name of the respondent's father. The respondent opposed the claim, alleging that the occupation was not peaceful and uninterrupted.
Issues
- Whether the applicants have acquired adverse possession of the land
- Whether the respondent's claim for permanent injunction and eviction should be granted
Reasoning
The court found that the applicants have occupied the land for over 12 years without force, secrecy, or persuasion, and that the respondent's father had no right to subdivide the land.
Outcome
Judgment in favor of the applicants
Orders
- Permanent injunction against the respondent is dismissed
- Eviction of the applicants is dismissed
Remedies
- Costs of the consolidated suit awarded to the applicants
Authorities cited
Cases cited (1)
- Kimani Ruchire –v– Swift Rutherfords & Co. Ltd. (1980) KLR 10
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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