Kesi Kahindi & 23 others v Philip Kimeu & anor [2020] KEELC 2864 (KLR)
- Court
- Environment & Land Court
- Case number
- 2864
- Citation
- [2020] KEELC 2864 (KLR)
- Decided
- 11 March 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAdverse PossessionPostureAppeal from the original trialCoramMUNYAO SILA
Holding
The plaintiffs have failed to prove their case on a balance of probabilities and the suit is dismissed with costs.
Facts
The plaintiffs claimed adverse possession of the suit land, but the defendants contested the claim. The plaintiffs claimed to have lived on the land for over 40 years, while the defendants disputed this and provided evidence of a site visit report indicating the land was not continuously inhabited.
Issues
- Whether the plaintiffs have been in continuous occupation of the suit land for more than 12 years prior to filing the suit.
- Whether the plaintiffs have any other right on the land.
Reasoning
The court found that the land was not continuously inhabited and that the plaintiffs did not provide evidence of continuous occupation for more than 12 years.
Outcome
Dismissed with costs
Orders
- The respondents are at liberty to apply for the plaintiffs' eviction.
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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