Sefu v Haji (Environment & Land Case 183 of 2017) [2023] KEELC 19893 (KLR) (22 September 2023) (Judgment)
- Court
- Environment & Land Court
- Case number
- 19893
- Citation
- [2023] KEELC 19893 (KLR)
- Decided
- 22 September 2023
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
⚠ 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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