Wananjaba v Okoma (Environment and Land Appeal E034 of 2021) [2024] KEELC 4820 (KLR) (20 June 2024) (Judgment)
- Court
- Environment & Land Court
- Case number
- 4820
- Citation
- [2024] KEELC 4820 (KLR)
- Decided
- 20 June 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeEnvironment and Land AppealPostureAppeal from a judgment and decree of the Chief Magistrate's CourtCoramD. O. OHUNGO
Holding
The Appellant is entitled to the relief of eviction of the Respondent and his agents and employees from the suit property.
Facts
The Appellant (Wananjaba) claimed that he was the registered proprietor of the suit property (Bunyala/Nambacha/702) and that he entered into an agreement to sell a portion to the Respondent (Okoma). Okoma claimed he purchased one acre of the suit property from Wananjaba in 1997 and had developed it, asserting adverse possession.
Issues
- Whether the Appellant's case was proven on a balance of probabilities
- Whether adverse possession was established
Reasoning
The court found that the Appellant's case was not proven on a balance of probabilities and that adverse possession was not established. The court ordered eviction but did not address the refund of the purchase price.
Outcome
Appeal allowed
Orders
- Judgment of the Subordinate Court set aside
- Respondent to vacate the suit property within 90 days
- No order as to costs
Remedies
- Eviction of Respondent and his agents and employees from the suit property
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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