Okoth v Kutu & 2 others (Environment and Land Appeal E028 of 2023) [2024] KEELC 7304 (KLR) (24 October 2024) (Judgment)

Summary at a glance

Facts

The 1st Respondent claimed that the deceased was the registered owner of the suit land and that the land was fraudulently transferred to the appellant. The appellant claimed that she was the registered proprietor of the suit land and had adverse possession of it.

Issues

• Whether the trial court erred in law and fact in allowing the 1st Respondent's suit against the appellant.
• Whether the appellant had adverse possession of the suit land.

Reasoning

The court found that the 1st Respondent had proved his claim and granted the relief sought in the plaint. The appellant's inconsistent statements and evidence were deemed insufficient to establish adverse possession.

Outcome

Appeal dismissed.

Orders

• The 1st Respondent's suit against the appellant was allowed.
• The appellant was ordered to vacate the suit land.