Serem v Chelimo & 8 others (Environment and Land Appeal E023 of 2022) [2024] KEELC 273 (KLR) (24 January 2024) (Judgment)

Summary at a glance

Facts

The appellant sought to be added as the 9th defendant in the suit and to set aside the judgment and decree issued in the suit, claiming continuous occupation and non-joinder and non-service of summons.

Issues

• Whether the applicant was the same person as the 6th defendant
• Whether the applicant had acquired title to the suit property by adverse possession
• Whether Sammy Kangogo caused the suit property to be registered in his name fraudulently and/or by misrepresentation
• Whether the appeal was time-barred

Reasoning

The court held that the applicant was not served and the respondent contended that the applicant was the person served as the 6th defendant. The draft statement of defence raised weighty issues of law and fact.

Outcome

Allowed

Orders

• The appeal is allowed as prayed.