Oketch & 3 others v Mudei & 5 others (Environment & Land Case E056 of 2019) [2025] KEELC 5029 (KLR) (7 July 2025) (Ruling)

Summary at a glance

Facts

The Plaintiffs claim to have acquired land parcel No. Samia/Budongo/371 by adverse possession. The Defendants moved to vacate the previous hearing and seek to give evidence and cross-examine the Plaintiffs.

Issues

• Whether the previous adverse possession hearing should be vacated
• Whether the Defendants should pay throw away costs to the Plaintiffs
• Whether the matter should be mentioned for cross-examination and defenses

Reasoning

The Defendants moved to vacate the previous hearing and give evidence, which was granted.

Outcome

Appeal dismissed

Orders

• The Court’s order dated 24th September 2024 closing the 2nd, 3rd, 4th and 5th Defendants’ case is hereby vacated and set aside.
• The 2nd, 3rd, 4th and 5th Defendants shall pay to the Plaintiffs the sum of Kshs.10,000 as throw away costs within 14 days of the delivery of this ruling.
• The matter shall be mentioned on 22nd July 2025 to take a date for the cross-examination of the Plaintiffs by counsel for the 2nd, 3rd, 4th and 5th Defendants and for their defenses.
• In default of (2) above, this reinstatement order shall automatically lapse and the order issued on 24th September 2024 shall revert and the Plaintiffs’ counsel will be at liberty to file his submissions and thereafter take a date for judgment.

Remedies

• Throw away costs of Kshs.10,000 to the Plaintiffs