Charles Odongo Ngani v Milka Akinyi Otieno (Sued in her own right and as a Successor in Title and Legal Administrator of the Estate of the late Ongoma Ochuka [2012] KEHC 2169 (KLR)
- Court
- High Court of Kenya
- Case number
- 2169
- Citation
- [2012] KEHC 2169 (KLR)
- Decided
- 23 August 2012
The court finds in favor of the applicant, allowing the application for interim injunction and temporary injunction, and orders that the respondent bear the costs.
Facts
The applicant, Charles Odongo Ngani, claims adverse possession over a parcel of land (LR No. KAMAGAMBO/KOLUOCH/1000) measuring 1 acre, which he has been in peaceful and uninterrupted possession for over 27 years. The respondent, Milka Akinyi Otieno, claims the land was given to her by her late father-in-law and denies the applicant's claim of adverse possession.
Issues
- Adverse possession by the applicant
- Grant of interim injunction
Reasoning
The court considers the prima facie case of adverse possession demonstrated by the applicant and the respondent's title in her name. The court finds the balance of convenience tilts in favor of the applicant, who has been in possession of the land.
Outcome
The application is granted.
Orders
- Interim injunction restraining the defendant from alienating, transferring, interfering, and evicting the plaintiff from the land.
- Temporary injunction restraining the defendant from alienating, transferring, interfering, and evicting the plaintiff from the land.
Remedies
- Interim injunction
- Temporary injunction
Authorities cited
Legislation (2)
- Limitation of Action Act Cap 22
- Limitation of Actions Act Section 38
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