Orinyo v Ekakoro (Environment and Land Case E011 of 2020) [2025] KEELC 7195 (KLR) (21 October 2025) (Judgment)
- Court
- Environment & Land Court
- Case number
- 7195
- Citation
- [2025] KEELC 7195 (KLR)
- Decided
- 21 October 2025
Summary at a glance
TypeAdverse PossessionPostureRespondent's Motion for Summary Judgment DismissedCoramBN OLAO
The Court finds that the Plaintiff has acquired the land by adverse possession and issues orders accordingly.
Facts
The Plaintiff claims to have purchased 3 acres of land from the Defendant in 1978 for Kshs.4,600. He has continuously occupied and used the land without interruption for over 12 years.
Issues
- Whether the Plaintiff acquired the land by adverse possession.
- Whether the Plaintiff's entry was with the consent and knowledge of the Defendant.
Reasoning
The Court is satisfied that the Plaintiff has proved his case of adverse possession and imposes a constructive trust in his favor.
Outcome
In favor of the Plaintiff
Orders
- Plaintiff acquired 3 acres of land by adverse possession.
- Defendant's title to the land is extinguished.
- Defendant must surrender the original title deed.
- Land Registrar shall issue a title deed for the Plaintiff's portion of land.
Remedies
- Constructive trust
- Title deed for the Plaintiff's portion of land
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