BERNARD MWANGI NDERITU & 5 OTHERS V NDIARA ENTERPRISES LIMITED [2012] KEHC 2779 (KLR)
- Court
- High Court of Kenya
- Case number
- 2779
- Citation
- [2012] KEHC 2779 (KLR)
- Decided
- 26 July 2012
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAdverse PossessionPostureApplication for Commission to Investigate and Surrender TitleCoramR. OUGO
Holding
The Court ordered the issuance of a commission to investigate the Title and surrender it to the Court.
Facts
The Plaintiffs/Applicants claim adverse possession of the suit property since 1990, and have doubts about the authenticity of the Title, which was allegedly procured through fraud.
Issues
- Authenticity of the Title
- Adverse Possession
Reasoning
The Court found that the Plaintiffs have enjoyed quiet and undisturbed possession since 1990 and have doubts about the Title's authenticity, necessitating an investigation.
Outcome
The application was granted.
Orders
- Commission to investigate the Title
- Surrender of the Title to the Court
Remedies
- Investigation of Title's authenticity
- Surrender of the Title to the Court
Authorities cited
Legislation (2)
- Civil Procedure Rules, 2010
- Limitations of Actions Act, Cap 22 Laws of Kenya
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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