MAGABE NYOHERO MAHIRI V CHARLES MWITA MBUSIRO(sued in his capacity as the personal representative of the estate of DANIEL MBUSIRO MWITA) [2013] KEHC 3899 (KLR)
- Court
- High Court of Kenya
- Case number
- 3899
- Citation
- [2013] KEHC 3899 (KLR)
- Decided
- 3 May 2013
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAdverse PossessionPostureApplication for Injunction Dismissed with CostsCoramS. Okong'o
Holding
The application for injunction is dismissed with costs.
Facts
The Applicant claims adverse possession of a portion of Plot No.2208, which is registered in the name of Daniel Mbusiro Mwita (deceased). The Applicant claims to have occupied and cultivated the land since 1998.
Issues
- Adverse Possession
- Injunction
Reasoning
The court found that the Applicant has not established a prima facie case for adverse possession and has not shown the nature of the activity he is carrying out on the disputed property.
Outcome
Application for injunction dismissed
Orders
- Inhibition order pending the hearing and determination of the suit
Remedies
- Inhibition order
Authorities cited
Legislation (2)
- Civil Procedure Act
- Environment and Land Court Act
Cases cited (2)
- Julius Uswekha Shitakhwa-vs-Saul Masavila Shtakhwa & Another
- Peter Wekesa-vs-Peter Wangusi Wasike
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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