Waiswa v Otunga (Environment & Land Case 87 of 2019) [2023] KEELC 134 (KLR) (24 January 2023) (Judgment)
- Court
- Environment & Land Court
- Case number
- 134
- Citation
- [2023] KEELC 134 (KLR)
- Decided
- 24 January 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAdverse PossessionPostureOriginal TrialCoramDO OHUNGO
Holding
The plaintiff is not entitled to the reliefs sought and the suit is struck out.
Facts
The plaintiff, MUSA CHEBI WAISWA, claimed adverse possession of 1 acre of land known as N/Wanga/Mayoni/1926, which he alleged he had been in possession of since 1994. The defendant, CHRISTINE ANYANGO OTUNGA, claimed to be the registered owner of the land.
Issues
- Whether the plaintiff has established adverse possession of the land
- Whether the plaintiff is entitled to the reliefs sought
Reasoning
The court found that the plaintiff did not demonstrate exclusive physical possession and did not show unequivocal intention to dispossess the defendant. The plaintiff's stay in the property was not peaceful due to the decree in Mumias SPMCC No 410 of 2009.
Outcome
The plaintiff's suit is struck out.
Orders
- The plaintiff (Musa Chebi Waiswa) and his agents to vacate the parcel of land within 60 days from the date of judgment.
- In default, the defendant is at liberty to evict the plaintiff from the parcel of land.
- The defendant is entitled to costs of the suit and the counter claim.
Remedies
- Eviction of the plaintiff from the parcel of land
Authorities cited
Legislation (1)
- Land Registration Act
Cases cited (1)
- Kasongo & another v Ochieng & 2 others (Civil Appeal 123 of 2017) [2022] KECA 145 (KLR) (11 February 2022)
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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