[2020] KEELC 3083 (KLR)

[2020] KEELC 3083 (KLR)

The court found that the applicant entered into possession of the suit land pursuant to a sale agreement in 1990, paid the full purchase price, and has since been in exclusive, open, and uninterrupted possession for over 20 years. The respondent, despite being served, did not contest the claim. The court held that time for adverse possession began to run seven years after the agreement, and by the time the suit was filed, the statutory period of 12 years had lapsed. The applicant met the legal threshold for adverse possession as established in relevant case law and statutory provisions. Consequently, the applicant is entitled to be registered as proprietor of the suit land, and the...

Citation
[2020] KEELC 3083 (KLR)
Parties
Applicant: Charles Owuor Abol; Respondent: Samuel Muthee Gitonga
Court
Environment and Land Court
Court Station
Environment and Land Court at Busia
Jurisdiction
Kenya
Judgment Date
15 April 2020
Case Number
Environment & Land Case 94 of 2018
Procedural Posture
Originating Summons / Judgment
Outcome
judgment for the applicant
Judges
AA Omollo
Legal Topics
Adverse Possession, Limitation of Actions, Land Registration, Sale of Land, Exclusive Possession
Source Language
English
Land and Property Adverse Possession Limitation of Actions Land Registration Sale of Land Exclusive Possession

Case Brief

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Parties

Charles Owuor Abol

Applicant

Samuel Muthee Gitonga

Respondent

Procedural Posture

Originating Summons / Judgment

Legal Issues

  1. 1 Whether the applicant has acquired title to LR. No. Bukhayo/Ebusibwabo/1257 by adverse possession.
  2. 2 Whether the respondent's rights over the suit land have been extinguished by operation of law.
  3. 3 Whether the applicant is entitled to be registered as proprietor of the suit land.

Ratio Decidendi

The court found that the applicant entered into possession of the suit land pursuant to a sale agreement in 1990, paid the full purchase price, and has since been in exclusive, open, and uninterrupted possession for over 20 years. The respondent, despite being served, did not contest the claim. The court held that time for adverse possession began to run seven years after the agreement, and by the time the suit was filed, the statutory period of 12 years had lapsed. The applicant met the legal threshold for adverse possession as established in relevant case law and statutory provisions. Consequently, the applicant is entitled to be registered as proprietor of the suit land, and the...

Court Disposition

judgment for the applicant

Orders

  • The respondent's right over LR. No. Bukhayo/Ebusibwabo/1257 is extinguished by adverse possession.
  • The respondent is perpetually barred from taking or using any portion of LR. No. Bukhayo/Ebusibwabo/1257.