Nganga v Lagat (Sued as the Administratrix of the Estate of the Late Christopher Kimaru Lagat) (Enviromental and Land Originating Summons E005 of 2024) [2026] KEELC 672 (KLR) (10 February 2026) (Ruling)
- Court
- Environment & Land Court
- Case number
- 672
- Citation
- [2026] KEELC 672 (KLR)
- Decided
- 10 February 2026
The Court has jurisdiction to hear and determine the present application and the Originating Summons filed herein, but the Applicant's son's claim for adverse possession has been dismissed, and the property is now the Respondent's husband's.
Facts
The Applicant's son, Sammy Kirwok Lagat, filed an Originating Summons against the Respondent's husband, seeking adverse possession over a portion of the property known as MOI’S BRIDGE/MOI’S BRIDGE (TUIYOBEI)/72. The Respondent's husband filed an Application for enforcement of a previous judgment dismissing Sammy Kirwok Lagat's claim for adverse possession. The Applicant's son filed an appeal against the judgment.
Issues
- Does the Court have jurisdiction to hear and determine the present application and/or suit?
- Has the Applicant satisfied the terms and conditions of granting an order of injunction?
- Is the present application merited?
- Who bears the cost of the present application?
Reasoning
The Court found that the Applicant's son's claim for adverse possession was dismissed in a previous judgment and that the Court is functus officio regarding the issue. The Court dismissed the present application.
Outcome
The Court dismissed the present application.
Orders
- The Court dismissed the present application.
- The Court dismissed the Applicant's son's appeal against the judgment dismissing his claim for adverse possession.
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