Onyango v Odhiambo ((Suing as the personal representative of the Estate of Lucas Odhiambo Rang'eng'a - Deceased)) (Environment & Land Case 1 of 2021) [2024] KEELC 827 (KLR) (22 February 2024) (Judgment)

Summary at a glance

Facts

Lucas Odhiambo Rang'eng'a was in occupation of the suit property. He died in 2020, and his son Chrispine Onyango Odhiambo (defendant) substituted him. The plainti (plaintiff) claimed to have purchased the property from Alice Elizabeth Omondi, but the defendant contested the claim, claiming adverse possession.

Issues

• Whether the defendant's counterclaim is res judicata.
• Whether the defendant proved his counterclaim of adverse possession.
• Whether the plainti proved his claim of trespass.
• What orders should the court issue.

Reasoning

The court found the defendant's counterclaim of adverse possession was not res judicata as it was not related to the registration of the property. The court also dismissed the counterclaim due to the time bar.

Outcome

The plainti wins the suit.

Orders

• A declaration that the defendant and his heirs are not entitled to enter and use the suit property.
• A 90-day period for removal from the suit property.
• A permanent injunction against the defendant and his heirs.
• General damages of Kshs. 300,000 for trespass.
• The defendant's counterclaim is dismissed.
• The costs of the suit and counterclaim are awarded to the plainti.

Remedies

• Declaration
• Removal from the property
• Permanent injunction
• General damages
• Award of costs

Authorities cited