Michael Mugera Kihugwa & another v Hesbon Obote Vikiru [2020] KEELC 3522 (KLR)
- Court
- Environment & Land Court
- Case number
- 3522
- Citation
- [2020] KEELC 3522 (KLR)
- Decided
- 20 February 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal from a previous judgmentCoramN.A. MATHEKA
Holding
This matter is res judicata as it was previously decided in the Kakamega High Court HCCC No. 177 of 2010. The suit is therefore struck off with costs to the defendant.
Facts
The plaintiffs claim adverse possession over land parcel L.R. Kakamega/Kegoye/35, which was registered in the name of Lubai Cheieri, the grandfather's sister. The plaintiffs allege that they were allocated the land and have lived there since 1973. The defendant appealed the title cancellation and won in the High Court.
Issues
- Whether the plaintiffs have acquired rights/interest in the land by adverse possession.
- Whether the defendant holds the land in trust for the plaintiffs.
- Whether Birisira Mideva Ubwayo's rights/interest in the land have extinguished.
- Whether the land should be transferred to the plaintiffs.
Reasoning
The court found that the plaintiffs' claim is res judicata due to a previous judgment in the same case, and thus the current suit is dismissed.
Outcome
Struck off with costs to the defendant
Authorities cited
Legislation (1)
- Civil Procedure Act Cap 21
Cases cited (3)
- Vihiga Senior Resident's Magistrates Court Misc Application No. 32 of 2010
- Provincial Land Disputes Appeals Committee
- Kakamega High Court HCCC No. 177 of 2010
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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