Peter Waswa Wakhisi & 2 others v Fredrick Itela Obwana [2020] eKLR Case Summary

Court
Environment and Land Court at Busia
Category
Civil
Judge(s)
A. Omollo
Judgment Date
September 30, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the case summary of Peter Waswa Wakhisi & 2 others v Fredrick Itela Obwana [2020] eKLR, analyzing legal insights and key judgments relevant to this significant legal dispute.

Case Brief: Peter Waswa Wakhisi & 2 others v Fredrick Itela Obwana [2020] eKLR

1. Case Information:
- Name of the Case: Peter Waswa Wakhisi, Simon Kayeri Adamba, Hezbon Oyalo v. Fredrick Itela Obwana
- Case Number: Case No. 70 of 2016
- Court: Environment and Land Court at Busia
- Date Delivered: 30th September 2020
- Category of Law: Civil
- Judge(s): A. Omollo
- Country: Kenya

2. Questions Presented:
The court was tasked with resolving the following legal issues:
1. Whether the Applicants had been in open, quiet, and notorious possession of portions of land from the parcel LR No. SOUTH TESO/ANGOROM/133 for over 12 years.
2. Whether the Respondent’s title to the land was extinguished after the Applicants took possession.
3. Whether the Applicants acquired title to the land through adverse possession.
4. Whether the Respondent's registration as the owner of the land should be cancelled and the land subdivided for the Applicants.
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