Kimanzi Kienyi v Samson Mutunga Muthela [2020] KEELC 3677 (KLR)
- Court
- Environment & Land Court
- Case number
- 3677
- Citation
- [2020] KEELC 3677 (KLR)
- Decided
- 7 February 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand Dispute AppealPostureAppeal from a Judgment of the Principal Magistrate's CourtCoramO.A. ANGOTE
Holding
The Appeal is dismissed with costs as the Appellant did not have the right to occupy land known as Mutonguni/Kauwi/79 and the Respondent's title was not extinguished by adverse possession.
Facts
The Appellant (Kimanzi Kienyi) claimed to have purchased land known as Mutonguni/Kauwi/79 from the Respondent (Samson Mutunga Muthela) in 1986. However, the Respondent disputed the transaction, alleging that the Appellant had forged a Sale Agreement and that the Appellant was using land known as Mutonguni/Kauwi/81.
Issues
- Whether the Appellant had the right to occupy land known as Mutonguni/Kauwi/79
- Whether the Respondent's title to the land was extinguished by adverse possession
Reasoning
The court found that the Appellant did not have the written Sale Agreement and that the Respondent's title was registered in 1989, which was before the Appellant's claimed adverse possession.
Outcome
Appeal dismissed
Orders
- The Appellant to give vacant possession of parcel of land known as Mutonguni/Kauwi/79 and for an order of eviction of the Appellant from the said land
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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