RASHID JUMA BEDZIMBA v ABDULKADIR HASSAN AZIZ & 2 others [2012] KEHC 5794 (KLR)
- Court
- High Court of Kenya
- Case number
- 5794
- Citation
- [2012] KEHC 5794 (KLR)
- Decided
- 19 September 2012
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAdverse PossessionPosturePreliminary Objection to Originating SummonsCoramF. TUIYOTT
Holding
The Preliminary Objection is hereby dismissed with costs.
Facts
The Plaintiff, Rashid Juma Bedzimba, seeks to be declared the owner of a parcel of land measuring 50ft by 100ft, part of Subdivision 14362, by way of adverse possession. The Defendants, Abdulkadir Hassan Aziz, Mohamed Hassan Abdulaziz, and Sada Hassan Abdulaziz, oppose the Originating Summons, raising several objections.
Issues
- Whether the Plaintiff has established adverse possession over the land
- Whether the Defendants are the registered owners of the land
Reasoning
The Court dismisses the Preliminary Objection on the assumption that the facts as pleaded by the Plaintiff are correct. The Plaintiff has provided a certified copy of the Certificate of Title, which the Court considers as a confirmation of the land registration.
Outcome
The Originating Summons is allowed.
Orders
- Preliminary Objection dismissed with costs
Authorities cited
Cases cited (1)
- Titus Mutuku Kasuve -Vs- Mwaani Investment Ltd & Others (Civil Appeal No. 35 of 2002) [2004]eKLR
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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