Sirya & 9 others v Karani (Enviromental and Land Originating Summons 60 of 2020) [2023] KEELC 16689 (KLR) (27 March 2023) (Judgment)
- Court
- Environment & Land Court
- Case number
- 16689
- Citation
- [2023] KEELC 16689 (KLR)
- Decided
- 27 March 2023
Summary at a glance
TypeAdverse PossessionPostureAppeal from the original trialCoramMAO ODENY
The court held that the plaintiffs have not met the ingredients of adverse possession as they have not shown continuous and uninterrupted occupation and possession of the land for 12 years or more.
Facts
The plaintiffs claim adverse possession over a 17.784-acre land parcel in Mbaraka Chembe Village near Malindi, Kenya. The land was transferred to the defendant in 1978, and the plaintiffs have been living on the land since 1978.
Issues
- Whether the plaintiffs have met the ingredients of adverse possession
Reasoning
The court applied the principles of adverse possession as outlined in Wangari Waithanje & 2 Others v Thathi Fracis Muruariua [2017] eKLR, and found that the plaintiffs' possession was not open, notorious, or without the knowledge of the registered owner.
Outcome
The plaintiffs' claim for adverse possession was dismissed.
Authorities cited
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