[2025] KEELC 4489 (KLR)

[2025] KEELC 4489 (KLR)

The court found that the appellant failed to prove, on a balance of probabilities, that he or his family had been in open, continuous, exclusive, and non-permissive possession of the suit land for the statutory period of 12 years required for adverse possession. The evidence indicated that the appellant's entry onto...

Source-derived case information.

Citation
[2025] KEELC 4489 (KLR)
Parties
Appellant: Mbiyu Peter Munubi; Respondent: Kenneth Ziyazi Munubi; Respondent: Aggrey Zeyazi Munubi; Respondent: Christopher Lidweye Munubi; Respondent: Albert Ambura Munubi; Respondent: Nancy Kavaya Munubi
Court
Environment and Land Court
Court Station
Environment and Land Court at Vihiga
Jurisdiction
Kenya
Judgment Date
12 June 2025
Case Number
Environment and Land Appeal 4 of 2024
Procedural Posture
Environment and Land Appeal / Judgment
Outcome
appeal dismissed
Judges
E Asati
Legal Topics
Adverse Possession, Limitation of Actions, Burden of Proof, Trusts in Land, Exclusive Possession
Source Language
english
Land and Property Adverse Possession Limitation of Actions Burden of Proof Trusts in Land Exclusive Possession

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Summary, issues, holding and outcome

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Parties

Mbiyu Peter Munubi

Appellant

Kenneth Ziyazi Munubi

Respondent

Aggrey Zeyazi Munubi

Respondent

Christopher Lidweye Munubi

Respondent

Albert Ambura Munubi

Respondent

Nancy Kavaya Munubi

Respondent

Procedural Posture

Environment and Land Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant proved adverse possession of the suit land for the statutory period of 12 years.
  2. 2 Whether the trial court erred in its evaluation of evidence and application of the law on adverse possession.
  3. 3 Whether the trial court exhibited bias or caused a miscarriage of justice against the appellant.

Ratio Decidendi

The court found that the appellant failed to prove, on a balance of probabilities, that he or his family had been in open, continuous, exclusive, and non-permissive possession of the suit land for the statutory period of 12 years required for adverse possession. The evidence indicated that the appellant's entry onto the land occurred in 2018 or 2019, which was insufficient to meet the 12-year threshold. Furthermore, the appellant's claim was undermined by his own admission that the land was registered in the respondents' father's name in trust for family members, making his occupation permissive rather than adverse. The court also held that the trial court properly analyzed the evidence...

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.
  • Costs of the appeal are awarded to the respondents.