Khaliango & another v Osodo (Environment & Land Case E037 of 2021) [2023] KEELC 21499 (KLR) (15 November 2023) (Judgment)
- Court
- Environment & Land Court
- Case number
- 21499
- Citation
- [2023] KEELC 21499 (KLR)
- Decided
- 15 November 2023
Summary at a glance
TypeAdverse PossessionPostureAppeal from the original trialCoramBOAZ N. OLAO
The plaintiffs' claim to the suit land by way of adverse possession is dismissed.
Facts
The plaintiffs claim adverse possession over land parcel No Bunyala/Bulemia/851, while the defendant claims his entitlement to the land. The plaintiffs have built structures and encroached on the land parcel No 851.
Issues
- Whether the plaintiffs have been in open, quiet and notorious possession of the land parcel No Bunyala/Bulemia/851 for over 20 years.
- Whether the defendant's entitlement to the land has been extinguished.
- Whether the plaintiffs have acquired title to the land parcel No Bunyala/Bulemia/851 by adverse possession.
Reasoning
The court found that the plaintiffs' structures are entirely inside land parcel No 2237, with some recent encroachments on land parcel No 851. The plaintiffs' claim is not supported by evidence of adverse possession.
Outcome
Dismissed with costs
Orders
- The plaintiffs' suit is dismissed with costs.
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