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
Source-derived case record
Summary, issues, holding and outcome
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Parties
Andolfato Cristina Benedicta Francesca
Plaintiff
Davide Andreoli
1st Defendant
Luca Deola
2nd Defendant
Procedural Posture
Originating Summons / Judgment
Legal Issues
- 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.
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