Shariff v Kadenge & 10 others (Environment & Land Case 35 of 2019) [2024] KEELC 1252 (KLR) (8 March 2024) (Judgment)
- Court
- Environment & Land Court
- Case number
- 1252
- Citation
- [2024] KEELC 1252 (KLR)
- Decided
- 8 March 2024
The defendants' claim for adverse possession cannot succeed. The plaintiff's title to the suit parcels is not challenged, and the defendants cannot claim adverse possession on the basis of ancestral land.
Facts
The plaintiff, Shari, sued the defendants for ownership of nine subdivided parcels of land, claiming they are wholly owned by her and that the defendants' occupation is unlawful. The defendants counterclaimed for adverse possession and ancestral land rights.
Issues
- Whether the suit parcels are wholly owned by the plaintiff and if the defendants' occupation is unlawful?
- Whether the defendants are entitled to the orders sought in their counterclaim?
- Who should bear the costs of the suit?
Reasoning
The court held that the defendants cannot claim adverse possession because they did not acknowledge the plaintiff's title and the plaintiff's title is not challenged. The defendants' claim for adverse possession is dismissed.
Outcome
The defendants' claim for adverse possession is dismissed.
Authorities cited
Legislation (2)
- Land Registration Act
- Registered Land Act
Cases cited (2)
- Haro Yonda Juaje v Sadaka Dzengo Mbauro & Kenya Commercial Bank (2014) eKLR
- Sammy Mwangangi & 10 others v Co
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