Paul Kibet Koech v David Kiprono Koske [2022] KEELC 1132 (KLR)

Summary at a glance

Facts

The Plaintiff claims adverse possession of land parcel No. Kericho/Chemagal/2113 from the Defendant, who initially sold half of the land to the Plaintiff. The Plaintiff claims he has been in possession since 1992, while the Defendant claims he sold half of the land in 2009 and the Plaintiff trespassed.

Issues

• Whether there was a valid sale agreement between the parties.
• Whether the Plaintiff has acquired title to LR No. Kericho/Chemagal/2113 by adverse possession.

Reasoning

The court determined that no evidence of a valid sale agreement was presented, and that the Plaintiff's possession was not adverse. The court also noted that the period of limitation for adverse possession had expired.

Outcome

The Plaintiff's claim for adverse possession was dismissed.

Authorities cited