Wawire & 2 others v Makuba (Environment & Land Case 45 (OS) of 2019) [2023] KEELC 163 (KLR) (25 January 2023) (Judgment)
- Court
- Environment & Land Court
- Case number
- 163
- Citation
- [2023] KEELC 163 (KLR)
- Decided
- 25 January 2023
Summary at a glance
TypeLand Adverse PossessionPostureAppeal from the original trialCoramD. O. OHUNGO
The court found that the plaintiffs have not established adverse possession and dismissed the application.
Facts
The plaintiffs claimed adverse possession over the suit property, parcel No. Bunyala/Nambacha/278, which was originally registered in the name of Emanuel Khasiri, the father of the defendant. The plaintiffs alleged they had lived on and used the land since 1981.
Issues
- Whether the plaintiffs have established adverse possession over the suit property.
- Whether the court should order the defendant to transfer title to the plaintiffs' names.
Reasoning
The court ruled that the plaintiffs failed to prove continuous and uninterrupted possession of the land for the statutory period.
Outcome
Appeal dismissed
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
Loading judgment…