Purity Wangechi Mithamo v Bernard Maina Nyaga [2016] KEHC 5585 (KLR)

Facts

The plaintiff claims adverse possession of one acre of land parcel MWEA/MUTITHI/SCHEME/2841, formerly part of MWEA/MUTITHI/SCHEME/513. The defendant claims the land as his property, acquired through succession and registration in 2009. The plaintiff alleges the defendant unlawfully removed a restriction placed by her in 2008 and subsequently subdivided the land.

Issues

1. Whether the plaintiff has established a prima facie case for adverse possession
2. Whether the plaintiff has suffered irreparable injury that cannot be compensated by damages
3. Whether the balance of convenience favors the plaintiff's application for a temporary injunction

Reasoning

The court found that the plaintiff has not established a prima facie case for adverse possession and that the balance of convenience does not favor the plaintiff's application.

Outcome

Denied

Authorities cited