Otula v Okombo (Environment & Land Case 21 of 2021) [2023] KEELC 17585 (KLR) (29 May 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 17585
- Citation
- [2023] KEELC 17585 (KLR)
- Decided
- 29 May 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAdverse PossessionPostureApplication for Temporary Injunction DisallowedCoramGMA ONGONDO
Holding
The temporary injunctive order sought is superfluous and not merited.
Facts
The applicant and his family have continuously and peacefully possessed and occupied land registered in the name of the respondent's mother since 1952. The respondent's application to register the land in their name was not responded to.
Issues
- Temporary Injunction
- Adverse Possession
Reasoning
The court finds the temporary injunctive order sought to be unnecessary and not justified given the continuous and peaceful possession of the land by the applicant's family.
Outcome
Application Disallowed
Orders
- Restatement of February 4, 2020 orders
- Costs of the application be in the cause
Remedies
- None
Authorities cited
Legislation (2)
- Civil Procedure Rules 2010
- Limitations of Actions Act 38
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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