Peter Githaiga Njaci v Mathenge Gachuba & 2 others [2022] KEELC 2151 (KLR)

Facts

Peter Githaiga Njaci claimed that Mathenge Gachuba, Muriithi Mathenge, and Murimi Mathenge encroached on his land and started farming and erecting structures on it. The defendants denied these claims and asserted that they had been on the land since 1959, claiming adverse possession.

Issues

1. Ownership of the land
2. Encroachment and trespass

Reasoning

The court notes that the Plaintiff did not produce evidence of his purchase of the land in 1990 and that the Defendants have been on the land since 1959, raising questions about the Plaintiff's claim of encroachment. The court also mentions the pending adverse possession suit filed by the Defendants.

Outcome

Dismissal of the Plaintiff's case and the Defendants' counterclaim