Kachimbiza Katana Mwandenge & 384 others v Fort Properties Limited [2020] KEELC 3191 (KLR)

Facts

The Plaintiffs claim to have lived on Plot No. 130 Malindi for 12 to 70 years, while the Defendant claims the land was government property until 1990. The Plaintiffs assert they built structures and schools on the land, while the Defendant claims they had a farm house and workers on the land.

Issues

1. Whether the Plaintiffs have acquired adverse possession over the land
2. Whether the Defendant can be held liable for selling the land to the Plaintiffs

Reasoning

The Court found that the Plaintiffs had lived on the land for 12 years or more, built structures, and had exclusive, peaceful, and uninterrupted possession. The Defendant's claim of government property until 1990 was not supported by evidence.

Outcome

Affirmed