[2018] KEELC 4876 (KLR)

[2018] KEELC 4876 (KLR)

The court found that the 1st Defendant had been in open, exclusive, and uninterrupted possession and control of the suit land since at least 1979, when the Plaintiffs became registered owners. The Defendant's acts—leasing the land, collecting rent, and burying relatives—were public, adverse, and without the...

Source-derived case information.

Citation
[2018] KEELC 4876 (KLR)
Parties
Plaintiff: Bethwel Mwangi Githinji; Plaintiff: Stephen Mugane s/o Erastus Githinji; Plaintiff: William Kungu Karanja; Defendant: Harrison Wachira Wanjohi; Defendant: Bernard Mwangi Ngunju
Court
Environment and Land Court
Court Station
Environment and Land Court at Muranga
Jurisdiction
Kenya
Case Number
Environment & Land Case 218 of 2017
Procedural Posture
Land Case / Judgment
Outcome
Plaintiffs' claim dismissed; 1st Defendant's counterclaim for adverse possession allowed.
Judges
BC Koech
Legal Topics
Adverse Possession, Title Extinguishment, Mesne Profits, Eviction Orders
Source Language
en
Land and Property Adverse Possession Title Extinguishment Mesne Profits Eviction Orders

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Summary, issues, holding and outcome

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Parties

Bethwel Mwangi Githinji

Plaintiff

Stephen Mugane s/o Erastus Githinji

Plaintiff

William Kungu Karanja

Plaintiff

Harrison Wachira Wanjohi

Defendant

Bernard Mwangi Ngunju

Defendant

Procedural Posture

Land Case / Judgment

Legal Issues

  1. 1 Whether the 1st Defendant has established ownership by way of adverse possession.
  2. 2 Whether the Plaintiffs are entitled to an order of eviction of the 1st and 2nd Defendant from the suit premises.
  3. 3 Who meets the costs of the suit.

Ratio Decidendi

The court found that the 1st Defendant had been in open, exclusive, and uninterrupted possession and control of the suit land since at least 1979, when the Plaintiffs became registered owners. The Defendant's acts—leasing the land, collecting rent, and burying relatives—were public, adverse, and without the Plaintiffs' permission. The Plaintiffs' attempts to recover the land, including demand letters and litigation, occurred after the statutory period for adverse possession had lapsed. The court held that the Plaintiffs' title was extinguished by operation of law, and the 1st Defendant had acquired absolute title by adverse possession. The Plaintiffs' claims for eviction, exhumation,...

Court Disposition

Plaintiffs' claim dismissed; 1st Defendant's counterclaim for adverse possession allowed.

Orders

  • The 1st Defendant is declared to have acquired absolute title to Loc.14/Kamune/1013 (now Loc.14/Kamune/2487 & 2488) by adverse possession.
  • The Plaintiffs are ordered to execute all documents necessary to transfer Loc.14/Kamune/2487 & 2488 to the 1st Defendant.