Nyachieo v Ogwankwa (Environment & Land Case 6 of 2021) [2022] KEELC 13661 (KLR) (19 October 2022) (Judgment)
- Court
- Environment & Land Court
- Case number
- 13661
- Citation
- [2022] KEELC 13661 (KLR)
- Decided
- 19 October 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAdverse PossessionPostureRespondent's Motion to DismissCoramFO NYAGAKA, J
Holding
The court found that the applicant has not proved acquisition of the suit land by way of adverse possession.
Facts
The applicant, Nemwel Nyachieo, claims adverse possession of a portion of land (Title Deed No. Trans-Nzoia/Geta/190) from the respondent, Moses Ogwankwa. The applicant alleges he purchased a plot measuring 50ft x 100ft from Ogwankwa in 1991 and has been in open and notorious occupation of the land since 1991.
Issues
- Whether the applicant has proved acquisition of the suit land by way of adverse possession.
- Who to bear the costs of the suit.
Reasoning
The court cited Michael Maling’a Mbito v Florence Kethleen Law (2021) eKLR, stating that adverse possession requires 12 years of open and notorious occupation without interference from the true owner. The court found that the applicant has not met this criterion.
Outcome
The court dismissed the applicant's claim.
Authorities cited
Legislation (2)
- Limitation of Actions Act, Chapter 22 of the Laws of Kenya
- Civil Procedure Rules
Cases cited (1)
- Michael Maling’a Mbito v Florence Kethleen Law (2021) eKLR
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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