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Sefu v Haji (Environment & Land Case 183 of 2017) [2023] KEELC 19893 (KLR) (22 September 2023) (Judgment)

[2023] KEELC 19893 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
19893
Citation
[2023] KEELC 19893 (KLR)
Decided
22 September 2023
Beta Machine-generated summary. Automatically produced by AI from the judgment text — it may be incomplete or inaccurate. Always verify against the full judgment below. Not legal advice.

Summary at a glance

TypeLand Adverse PossessionPostureAppeal from a judgment dismissing the applicant's claim for adverse possession.CoramE. K. MAKORI
The applicant's claim for adverse possession is dismissed with costs.

Facts

The applicant, Sefu, claims to have acquired land parcel Kili/Jimba/318 by adverse possession, living there for over 23 years. The respondent, Haji, disputes this claim.

Issues

  • Whether the applicant has established adverse possession over the land parcel
  • Whether the court should grant the applicant a declaration of title and injunction

Reasoning

The court found that the applicant did not prove non-permissive or non-consensual actual, open, notorious, exclusive and adverse use of the land for the statutory period.

Outcome

The applicant's claim dismissed

Authorities cited

Legislation (1)
  • Limitation of Actions Act
Cases cited (2)
  • Mtana Lewa v Kahindi Ngala Mwangandi
  • Mbira v Gachuhi
⚠ 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.
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