[2023] KEELC 16105 (KLR)
The court found that the parties had reached a full and final settlement of the dispute through consent, in accordance with the law and constitutional principles promoting amicable resolution. The 4th defendant agreed to transfer land reference number Central Karachuonyo/Konyango/2986 measuring approximately 0.06...
Source-derived case information.
- Citation
- [2023] KEELC 16105 (KLR)
- Parties
- Plaintiff: Edward O. Okul; Plaintiff: Tom Mboya Okul; Defendant: Charles Oluoch Wakaya (Legal Administrator of the Estate of Zakayo Wakaya Got - Deceased); Defendant: Julius Otieno Akicho; Defendant: Dharmesh Kumar Kanubhai Patel; Defendant: Juma Dandi Okello
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 26 of 2021
- Procedural Posture
- Environment and Land Case / Judgment
- Outcome
- Suit marked as fully settled by consent.
- Judges
- GMA Ongondo
- Legal Topics
- Adverse Possession, Limitation of Actions, Land Transfer, Amicable Settlement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Edward O. Okul
Plaintiff
Tom Mboya Okul
Plaintiff
Charles Oluoch Wakaya (Legal Administrator of the Estate of Zakayo Wakaya Got - Deceased)
Defendant
Julius Otieno Akicho
Defendant
Dharmesh Kumar Kanubhai Patel
Defendant
Juma Dandi Okello
Defendant
Procedural Posture
Environment and Land Case / Judgment
Legal Issues
- 1 Whether the plaintiffs have acquired title to the disputed land by way of adverse possession.
- 2 Whether the parties can settle the dispute by consent and the terms of such settlement.
Ratio Decidendi
The court found that the parties had reached a full and final settlement of the dispute through consent, in accordance with the law and constitutional principles promoting amicable resolution. The 4th defendant agreed to transfer land reference number Central Karachuonyo/Konyango/2986 measuring approximately 0.06 hectares to the plaintiffs. The court endorsed the consent as binding and marked the suit as settled, with each party bearing their own costs. The court applauded the parties for resolving the matter amicably, consistent with the constitutional imperative to promote alternative dispute resolution.
Court Disposition
Suit marked as fully settled by consent.
Orders
- The 4th defendant, Juma Daudi Okello, to transfer land reference number Central Karachuonyo/Konyango/2986 measuring approximately 0.06 hectares to the plaintiffs forthwith.
- Each party to bear their own costs of the suit.
Full Case Text
Judgment text and source record
29 paragraphs
Okul & another (Suing as the Legal Administrator of the Estate of Barack Deya Okul - Deceased) v Wakaya (Sued as the Legal Administrator of the Estate of ) Zakayo Wakaya Got - Deceased) & 3 others (Environment & Land Case 26 of 2021) [2023] KEELC 16105 (KLR) (13 March 2023) (Judgment)
Neutral citation: [2023] KEELC 16105 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Environment & Land Case 26 of 2021
GMA Ongondo, J
March 13, 2023
In the matter of A claim for Adverse Possession pursuant to Section 38 of the Limitations of Actions Act
Between
Edward O. Okul
1st Plaintiff
Tom Mboya Okul
2nd Plaintiff
Suing as the Legal Administrator of the Estate of Barack Deya Okul - Deceased
and
Charles Oluoch Wakaya (Sued as the Legal Administrator of the Estate of ) Zakayo Wakaya Got - Deceased)
1st Defendant
Julius Otieno Akicho
2nd Defendant
Dharmesh Kumar Kanubhai Patel
3rd Defendant
Juma Dandi Okello
4th Defendant
Judgment
1. This suit was commenced by way of an originating summons dated February 24, 2016and lodged in court on March 2, 2016where the plaintiffs are claiming to have acquired title over one acre (0. 4 Ha) out of Land reference number Central Karachuonyo/Konyango/641 (now subdivided and comprising of Land reference number Central Karachuonyo/Konyango/2986, among others by way of adverse possession.
2. By consent of Mr. R. Ogwe instructed by Mr. Oronga, learned counsel for the plaintiff and Mr. Odhiambo Kanyangi, learned counsel for the 3rd and 4th defendants and instructed by Mr. Bana, Learned counsel for the 1st and 2nd defendants, this matter is hereby marked as fully settled on the following terms:a.That the 4th defendant, Juma Daudi Okello to transfer his land reference number Central Karachuyol/Konyango/2986 measuring approximately zero decimal zero six hectares (0. 06 Ha) in area to the plaintiffs. Edward O. Okul and Tom Mboya Okul forthwith.b.Each party to bear their own costs of this suit.
3. The parties are applauded for having resolved this dispute amicably in line with article 159 (2) (b) and (c) of the Constitution of Kenya, 2010.
4. It is so ordered.
DELIVERED, DATED AND SIGNED THIS 13TH DAY OF MARCH 2023G.M.A ONG’ONDOJUDGE