Okero & 2 others v Bichange & another (Environment & Land Case E005 of 2023) [2023] KEELC 22285 (KLR) (29 November 2023) (Judgment)
- Court
- Environment & Land Court
- Case number
- 22285
- Citation
- [2023] KEELC 22285 (KLR)
- Decided
- 29 November 2023
The court declares that the Plaintiffs have acquired title to the land through continuous possession since 1991 and orders the cancellation of the Defendants' title deed and sub-division of the land to create individual title deeds for the Plaintiffs.
Facts
The Plaintiffs claim to have acquired title to land in Isoge Settlement Scheme/199 through continuous possession since 1991. The Defendants deny this and claim the land was registered in their names.
Issues
- Whether the Plaintiffs have acquired title to the land through continuous possession
- Whether the Plaintiffs are entitled to an injunction and costs
Reasoning
The Plaintiffs have been in continuous possession of the land since 1991, meeting the threshold of adverse possession. The Defendants' title deed is cancelled, and the land is sub-divided to create individual title deeds for the Plaintiffs.
Outcome
The Plaintiffs' claims are upheld, and the Defendants' title deed is cancelled.
Orders
- Cancellation of the Defendants' title deed in Isoge Settlement Scheme/199
- Sub-division of the land to create individual title deeds for the Plaintiffs
Remedies
- Declaration of title acquisition
- Injunction against further dealings with the land
- Award of costs
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