Okado v Odhiambo (Environment & Land Case 14 of 2021) [2023] KEELC 179 (KLR) (26 January 2023) (Judgment)
- Court
- Environment & Land Court
- Case number
- 179
- Citation
- [2023] KEELC 179 (KLR)
- Decided
- 26 January 2023
Summary at a glance
TypeLand DisputePostureAppeal from a decision to strike out the plaintiff's caseCoramAY KOROSS
The plaintiff's claim of adverse possession was found to be unsubstantiated and contradictory, and the plaintiff's case was struck out.
Facts
The plaintiff, Josephine Taka Okado, claimed adverse possession of land parcel North Ugenya/Ndenga/506, adjacent to her husband's land parcel North Ugenya/Ndenga/507. The defendant, David Odhiambo, claimed ownership of the suit property and asserted that the plaintiff's claim was contradictory and false.
Issues
- Whether the plaintiff's claim of adverse possession was valid
- Whether the plaintiff proved she was an adverse possessor
Reasoning
The defendant's evidence was unrebutted, and the plaintiff's claim was contradictory and full of falsehoods. The court found that the plaintiff did not prove her case on a balance of probabilities.
Outcome
The plaintiff's case was struck out.
Orders
- The plaintiff's claim of adverse possession was found to be unsubstantiated and contradictory.
- The plaintiff's case was struck out.
Authorities cited
⚠ 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…