RAVJI KARSANI SANHANI vs PETER GAKUNU [2002] KEHC 1068 (KLR)
- Court
- High Court of Kenya
- Case number
- 1068
- Citation
- [2002] KEHC 1068 (KLR)
- Decided
- 10 April 2002
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAdverse PossessionPostureAppeal from a lower court decisionCoramK.H. RAWAL
Holding
The Plaintiff is entitled to the interim prayers he seeks, and the application is allowed.
Facts
The Plaintiff, Ravji Karsani Sanhani, claims adverse possession of a piece of land (L.R. 209/11091) registered under the Registration of Titles Act. He has been in occupation since 1979 and has developed the land. The Defendant, Peter Gakunu, received a title deed in 1990, but only claimed his rights in 2000.
Issues
- When did the Defendant become the proprietor of the suit land?
Reasoning
The Plaintiff has shown prima facie that he is in occupation of the suit land since 1979 and has developed it. The Defendant's claim is based on a title deed issued in 1990, but he only claimed his rights in 2000. The balance of convenience is in favor of the Plaintiff.
Outcome
The Plaintiff's application is allowed.
Orders
- Allow the application dated 25th May, 2001 in terms of prayer 2 thereof.
Remedies
- The Plaintiff is restrained from eviction, demolition, transfer, or disposal of the suit land.
Authorities cited
Legislation (1)
- Registration of Titles Act (Cap. 281)
Cases cited (4)
- Geila -vs- Cassman Brothers & Company Ltd. [1973] E.A. 358
- Dr. Joseph N.K. Arap Ng’ok –vs- Justice Moijo Ole Keiwua & 4 others Court of Appeal (Nairobi) 60/97 (unreported)
- Wreck Motor enterprises –vs- The Commissioner of Land & 3 Others Civil appeal 71 of 1997 (Unreported)
- Mulinyi Hannish Ali –vs- The Attorney General & Another. Civil Appeal No.125/92 (Unreported)
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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