Odoje v Mikolo (Environment and Land Appeal E015 of 2024) [2025] KEELC 6645 (KLR) (2 October 2025) (Judgment)
- Court
- Environment & Land Court
- Case number
- 6645
- Citation
- [2025] KEELC 6645 (KLR)
- Decided
- 2 October 2025
Summary at a glance
TypeLand Dispute AppealPostureAppeal from a judgment granting adverse possession and costsCoramAE DENA
The court found that the trial court was right to infer adverse possession and that the Respondent occupied 0.6 hectares of land. The court also found that the award of costs was justified and that each party should bear their own costs.
Facts
The appellant Maurice Obundwa Odote was the defendant in a suit where the respondent Thomas Miyere Mikolo claimed 0.6 hectares of land through adverse possession. The trial court granted the claim based on adverse possession.
Issues
- Whether the court was right to infer and grant adverse possession.
- What is the acreage in occupation by the Respondent.
- Whether the award of costs was justified.
- What reliefs ought to issue.
- Who bears the costs of this Appeal.
Reasoning
The court held that the trial court had jurisdiction to adjudicate over a claim of adverse possession and that the Respondent had been in peaceful possession for more than 12 years, thus acquiring title by adverse possession.
Outcome
The appeal is dismissed.
Orders
- The orders of the trial court issued on 17th May 2024 are set aside or varied.
- The costs of the appeal are to be borne by the Respondent.
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
Loading judgment…