Peter Mukuna & another v Samia Properties Limited & another [2021] KEELC 939 (KLR)
- Court
- Environment & Land Court
- Case number
- 939
- Citation
- [2021] KEELC 939 (KLR)
- Decided
- 19 November 2021
Summary at a glance
TypeAdverse PossessionPostureAppeal from a decision of the Environment and Land CourtCoramPresiding Judge
The court declared that the plaintiffs have become entitled to the land through adverse possession and ordered the Land Registrar to register the land in their names.
Facts
The plaintiffs, Peter Mukuna and Irene Wambui, claimed adverse possession of land registered in the name of Samia Properties Limited since 2003. The defendants, Samia Properties Limited and Mbo-I-Kamiti Farmers Co. Ltd., did not oppose the originating summons.
Issues
- Adverse possession of land
- Title extinguishment
Reasoning
The court found that the plaintiffs have been in open and uninterrupted possession of the land since 2003 and have extensively developed it, satisfying the requirements for adverse possession.
Outcome
Appeal dismissed
Orders
- Declaration of adverse possession
- Registration of land in plaintiffs' names
- Execution of documents for transfer
Remedies
- Declaration of adverse possession
- Registration of land in plaintiffs' names
- Execution of documents for transfer
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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