Anna Seyenzia Itanyukhu Indeche v Tom Makokha Musambai [2021] KEELC 4708 (KLR)

Summary at a glance

Facts

The plaintiff claimed adverse possession of a land parcel, but the court found the land parcel had been sub-divided and the suit was res judicata.

Issues

• Whether the plaintiff has been in continuous possession for 12 years.
• Whether the defendant's father's title was extinguished.
• Whether the defendant's father was the person through whom the defendant claimed.
• Whether the defendant's title was subject to the plaintiff's interest.
• Whether the plaintiff has become entitled by adverse possession.

Reasoning

The land parcel had been sub-divided, making the plaintiff's claim to the original parcel impossible. The court declared the eviction order null and void.

Outcome

The plaintiff's suit is dismissed, the defendant's counter-claim is dismissed, and the eviction order is nullified.

Orders

• The plaintiff's suit is struck out.
• The defendant's Counter-Claim is struck out.
• The eviction order dated 1st August 2002 is declared null and void and expunged from the record.

Remedies

• Costs are to be borne by each party.

Authorities cited