CLEOPHAS NYANGIRO OGENDO v SAVANNAH DEVELOPMENT CO.LTD [2008] KEHC 1940 (KLR)
- Court
- High Court of Kenya
- Case number
- 1940
- Citation
- [2008] KEHC 1940 (KLR)
- Decided
- 5 June 2008
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeReal Property DisputePostureAppeal from a lower court judgmentCoramM.A. Ang'awa, A.M.B. Enonda
Holding
The court held that the plaintiff is entitled to be registered as the owner of the property and ordered that he be registered as such.
Facts
The plaintiff, Cleophas Nyangiro Ogendo, claimed to have purchased and occupied property (LR House No.25 Nairobi/Block 82/788) from the defendant, Savannah Development Co. Ltd. The plaintiff alleged that the defendant failed to transfer the property to him.
Issues
- Whether the plaintiff is entitled to be registered as the owner of the property
- Whether the plaintiff's claim of adverse possession is valid
Reasoning
The court relied on case law that established the plaintiff's right to adverse possession due to continuous and uninterrupted occupation of the property by him from 1960 until his death in 1979.
Outcome
Judgment in favor of the plaintiff
Orders
- The plaintiff be registered as the owner of LR Nairobi Block 82/788 house No.25
Remedies
- The plaintiff be registered as the owner of the property
Authorities cited
Cases cited (3)
- Francis Gicharu Kariri v. Peter Njoroge Mairu
- Samuel Miki Waweru v. Jane Njeri Richu
- Maweu v. Liu Ranching Farming Cooperative Society Ltd
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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