Paschalis Williams Makokha v Gregory Makokha Kundu & another [2015] KEHC 5984 (KLR)
- Court
- High Court of Kenya
- Case number
- 5984
- Citation
- [2015] KEHC 5984 (KLR)
- Decided
- 19 March 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAdverse PossessionPostureAppeal from the original trialCoramS. M. KIBUNJA
Holding
The Plaintiff’s claim against both Defendants fails and his suit is dismissed with costs.
Facts
The Plaintiff claimed adverse possession of land Bukhayo/Kisoko/7467, which was part of Bukhayo/Kisoko/3301. The Plaintiff testified that he started using the land in 2000 and continued until 2012, while his witnesses stated he used the land only between 2000 and 2003.
Issues
- When the Plaintiff started using the suit land, and if so when his occupation became adverse for purposes of time starting to run.
- Whether the Plaintiff has been in adverse occupation for more than 12 years.
- Whether the Plaintiff’s occupation of the suit land was ever interrupted.
- Whether the Plaintiff is entitled to the orders sought.
Reasoning
The Plaintiff’s possession of the suit land ended in 2011, and the court found that the Plaintiff’s possession was not continuous for more than 12 years.
Outcome
Dismissed with costs
Authorities cited
Cases cited (2)
- Kiptanui –A- Vhumba –vs- Kibor A. Kolil [2014]eKLR
- Virginia Wanjiku Mwangi –vs- David Mwangi [2013]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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