[2012] KEHC 59 (KLR)
The court found that the plaintiff had been in continuous, open, and exclusive possession of the suit land for more than 12 years, beginning before 1963 when the land was registered in the defendant's name. The defendant had disappeared and had not been seen or heard from since 1963, making personal service...
Source-derived case information.
- Citation
- [2012] KEHC 59 (KLR)
- Parties
- Plaintiff: Festus Guantai M'Kirima; Defendant: Kiriinya S/O Ikirima
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 52 of 2009
- Procedural Posture
- Environmental and Land Case / Judgment
- Outcome
- Plaintiff's claim for adverse possession allowed; plaintiff declared owner of the suit land.
- Judges
- FM Njoroge
- Legal Topics
- Adverse Possession, Limitation of Actions, Title Acquisition
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Festus Guantai M'Kirima
Plaintiff
Kiriinya S/O Ikirima
Defendant
Procedural Posture
Environmental and Land Case / Judgment
Legal Issues
- 1 Whether the plaintiff has acquired title to Land Parcel No. ABOTHUGUCHI-KATHERI/1453 by adverse possession under the Limitation of Actions Act.
- 2 Whether the requirements for adverse possession, including continuous, open, and exclusive possession for at least 12 years, have been met.
Ratio Decidendi
The court found that the plaintiff had been in continuous, open, and exclusive possession of the suit land for more than 12 years, beginning before 1963 when the land was registered in the defendant's name. The defendant had disappeared and had not been seen or heard from since 1963, making personal service impossible. The plaintiff's occupation was without force, secrecy, or permission, satisfying the requirements for adverse possession under the Limitation of Actions Act. The court was satisfied that the plaintiff had met all legal requirements and was entitled to be registered as the owner of the land by operation of law.
Court Disposition
Plaintiff's claim for adverse possession allowed; plaintiff declared owner of the suit land.
Orders
- It is declared that Justus Guantai M'Kirima is the owner of Land Parcel Number ABOTHUGUCHI/KATHERI/1453 under the doctrine of adverse possession.
- The Deputy Registrar is empowered to sign and execute all necessary documents to effect the transfer of the land.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
High Court at Meru
Environmental & Land Case 52 of 2009 [if gte mso 9]><xml>
Normal 0
false false false
EN-US X-NONE X-NONE
</xml><![endif]
FESTUS GUANTAI M'KIRIMA.................................................................PLAINTIFF
VERSUS
KIRIINYA S/O IKIRIMA ….....................................................................DEFENDANT
JUDGMENT
This case was filed by the plaintiff Festus Guantai M'Kirima against Kiriinya S/O Ikirima by way of originating Summons under Order XXXVI Rule 3D Civil Procedure Rules and Sections 7, 16, 17 and 38 of the Limitation of Actions Act, Cap 22, Laws of Kenya.
In his supporting affidavit the plaintiff swore that the defendant in this suit disappeared way back in 1963 and had never been heard of or seen by anybody since then. As a result, it was, therefore impossible to effect personal service upon the defendant. The affidavit was in support of his claim that the plaintiff had become entitled to the whole of Land Parcel No. ABOTHUGUCHI-KATHERI/1453 by operation of the Limitation of Actions Act, Cap 22, Laws of Kenya under the doctrine of adverse possession.
The defendant did not enter appearance even though service of summons was effected by way of substituted services. An interlocutory judgment was entered on 19. 1.2010. During the formal proof proceedings, the plaintiff reiterated the veracity of his supporting affidavit. He proved that he had been in the suit land even before 1963 when it was registered in the name of the defendant. He also clarified that the defendant was his elder brother. He proved that he had occupied the suit land for more that 12 years without force, without secrecy and without fear thus satisfying the nec vi, nec clam and nec plecario principle. In the premises, he had satisfied the requirements of the Civil Procedure Act and the Limitation of Actions Act.
It is, therefore, declared that JUSTUS GUANTAI M'KIRIMA is the owner of Land Parcel Number ABOTHUGUCHI/KATHERI/1453 under the doctrine of adverse possession. The Deputy Registrar of this Court is empowered to sign and execute all the necessary documents required to effect the transfer.
Written and Signed in Meru this 14th day of December, 2012.
P. M. NJOROGE
JUDGE
Coram: P. M. Njoroge, J.
B. G. Kariuki for plaintiff
Cc Mutinda/Mwonjaru
Delivered in Open Court and Signed this 17th day of December, 2012.
P. M. NJOROGE
JUDGE
[if gte mso 9]><![endif][if gte mso 10]> <style> /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-style-parent:""; font-size:10. 0pt;"Liberation Serif","serif";} </style> <![endif]