Francesca v Andreoli & another (Enviromental and Land Originating Summons E062 of 2025) [2026] KEELC 2295 (KLR) (21 April 2026) (Judgment)

Francesca v Andreoli & another (Enviromental and Land Originating Summons E062 of 2025) [2026] KEELC 2295 (KLR) (21 April 2026) (Judgment)

The plaintiff established continuous, exclusive, open, and hostile possession of the suit land for over 12 years without interruption or permission from the registered owners, satisfying the requirements for adverse possession.

Source-derived case information.

Citation
[2026] KEELC 2295 (KLR)
Parties
Plaintiff: Andolfato Cristina Benedicta Francesca; 1st Defendant: Davide Andreoli; 2nd Defendant: Luca Deola
Court
Environment and Land Court
Jurisdiction
Kenya
Judgment Date
21 April 2026
Case Number
Enviromental and Land Originating Summons E062 of 2025
Procedural Posture
Originating Summons / Judgment
Outcome
Originating Summons allowed as prayed.
Legal Topics
Adverse Possession, Title to Land
Source Language
english
Land Law Adverse Possession Title to Land

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Parties

Andolfato Cristina Benedicta Francesca

Plaintiff

Davide Andreoli

1st Defendant

Luca Deola

2nd Defendant

Procedural Posture

Originating Summons / Judgment

  1. 1 Whether the plaintiff has acquired title to a portion of Portion Number 2989 Malindi Municipality Kilifi County by way of adverse possession.

Ratio Decidendi

The plaintiff established continuous, exclusive, open, and hostile possession of the suit land for over 12 years without interruption or permission from the registered owners, satisfying the requirements for adverse possession.

Court Disposition

Originating Summons allowed as prayed.

Orders

  • Declaration that the plaintiff has acquired title by way of adverse possession to one half of Portion Number 2989 Malindi Municipality Kilifi County.
  • Plaintiff to be registered as owner of the entire property known as Portion No 2989 Malindi.