Peter Mwashi & another v Javan Mwashi & 4 others [2006] KEHC 2970 (KLR)

Facts

Peter Mwashi and Henry Mwashi filed a suit against Javan Mwashi and four other respondents, claiming ownership of a piece of land by adverse possession. The suit was amended to include additional respondents due to land subdivisions. The applicants sought restraining orders against the respondents regarding certain parcels of land.

Issues

1. Whether the applicants can obtain restraining orders against the 2nd and 3rd respondents
2. Whether the applicants have a valid claim to the subject land by adverse possession

Reasoning

The court found that the applicants are the sons of the 1st respondent and that the 2nd respondent is the first registered proprietor of the subject land. The doctrine of adverse possession does not apply to land owned by the Government. The applicants did not comply with mandatory requirements of Order XXXVI rule 3D.

Outcome

Dismissed with costs

Authorities cited