Okerio (Suing as Administrator of the Estate of Albert Okerio Ochenge - Deceased) v Okeno & 2 others (Enviromental and Land Originating Summons 29 of 2017) [2024] KEELC 14229 (KLR) (20 November 2024) (Judgment)
- Court
- Environment & Land Court
- Case number
- 14229
- Citation
- [2024] KEELC 14229 (KLR)
- Decided
- 20 November 2024
Summary at a glance
TypeAdverse PossessionPostureAppeal from an original trialCoramGMA ONGONDO
The court finds that the plaintiff has not satisfied all the ingredients of adverse possession against the defendants and dismisses the suit with costs to the defendants.
Facts
The plaintiff, Richard Orango Okerio, sued the defendants for orders including a permanent injunction, prohibitory order, and adverse possession over land parcels in Suna West/Wasweta. The defendants were Silvanus Oganyo Okeno and Davis Wafula Baraza.
Issues
- Whether the plaintiff has proved the ingredients of adverse possession against the defendants to warrant the orders sought in the originating summons.
Reasoning
The court established that the plaintiff's claim for adverse possession over eight acres of land was not supported by evidence of peaceful and continuous possession, as evidenced by the existence of a previous legal dispute (Kisii ELC Case No. 562 of 2015) and interruptions in possession.
Outcome
The suit is dismissed with costs to the defendants.
Orders
- Dismissal of the suit with costs
Authorities cited
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