MUSA INJIRA CHEKUK V FRANCIS KHATERA CHIMASIA [2012] KEHC 219 (KLR)

Facts

The plaintiff, MUSA INJIRA CHEKUKU, claimed that the defendant, FRANCIS KHATERA CHIMASIA, sold a portion of land measuring approximately 0.08 Ha. to the plaintiff's father in 1982. The plaintiff moved into the land and claimed adverse possession. The defendant sold the same portion of land back to the plaintiff's mother and family in 2009 for Kshs.85,000.

Issues

1. Whether the plaintiff has acquired title over the land by adverse possession.
2. Whether the plaintiff has continuously and peacefully occupied the land.

Reasoning

The plaintiff has not proved his case on a balance of probabilities to enable the court to declare that he has acquired the title to the land in question by way of adverse possession.

Outcome

Appeal dismissed