Stephen M. Mbayi Makomere v Wycliffe Maheru [2020] KEELC 3069 (KLR)
- Court
- Environment & Land Court
- Case number
- 3069
- Citation
- [2020] KEELC 3069 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAdverse PossessionPostureAppeal from the original trialCoramN.A. MATHEKA
Holding
The court declares the defendant to hold the land parcel No. Marama/Shinamwenyuli/164 in trust for the plaintiff and orders the plaintiff to be declared the owner of the land parcel.
Facts
The plaintiff claims to have inherited, lived on, occupied and used the land parcel No. Marama/Shinamwenyuli/164 from his birth to date, a period of over 50 years. The defendant claims to be entitled to land parcel No. Marama/Lunza/1520.
Issues
- Ownership of land parcel No. Marama/Shinamwenyuli/164
- Adverse possession
Reasoning
The court found that the plaintiff had lived on and used the land parcel for over 50 years, meeting the criteria for adverse possession.
Outcome
In favor of the plaintiff
Orders
- Declaration that the defendant holds the land parcel in trust for the plaintiff
- Declaration that the plaintiff is the owner of the land parcel
- Order for the defendant to transfer the land parcel to the plaintiff within 30 days
Remedies
- Transfer of title to the plaintiff
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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