Salim & another v Maganga & 2 others (Environment & Land Case 79 of 2017) [2022] KEELC 2930 (KLR) (29 June 2022) (Judgment)
- Court
- Environment & Land Court
- Case number
- 2930
- Citation
- [2022] KEELC 2930 (KLR)
- Decided
- 29 June 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeLand Ownership DisputePostureAppeal from a previous judgment dismissing the Plaintiffs' claimCoramNA MATHEKA
Holding
The court dismisses the Plaintiffs' claim and grants the Defendants' counterclaim for adverse possession.
Facts
The Plaintiffs claim to be the registered owners of two plots of land in Mariakani Township, Kili. The Defendants claim to have acquired possession of the land through adverse possession.
Issues
- Ownership of the land
- Adverse possession
Reasoning
The court found that the Defendants had continuously occupied the land since 1974 and 1980s, and that the Plaintiffs did not prove their case on a balance of probabilities.
Outcome
The Plaintiffs' claim is dismissed with costs, and the Defendants are granted a declaration of adverse possession.
Orders
- A declaration that the Defendants are entitled to portions of the suit properties known as Plot Land Reference Number 11492/268 and Plot Reference Number 11492/269 by virtue of adverse possession.
- Costs of the suit to be paid by the Plaintiffs.
Remedies
- Declaration of adverse possession
Authorities cited
Legislation (2)
- Land Registration Act
- Limitations of Actions Act
Cases cited (2)
- Francis Gicharu Kariri vs Peter Njoroge Mairu
- Kimani Ruchire vs Swift Rutherfords & Co. Ltd.
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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