[2020] KEELC 3071 (KLR)
The court found that the plaintiff had been in continuous, open, and uninterrupted occupation of the suit land since the 1990s, without the permission of the registered owner and without any interruption. The defendant did not challenge the claim, and the evidence presented, including photographs and a search...
Source-derived case information.
- Citation
- [2020] KEELC 3071 (KLR)
- Parties
- Plaintiff: Francis Bundi John; Defendant: Josephine Nyakiru Gikunju
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 8 of 2018
- Procedural Posture
- Land and Property Suit / Judgment
- Outcome
- Plaintiff's claim allowed; plaintiff to be registered as owner of the suit land.
- Legal Topics
- Adverse Possession, Land Registration, Title to Land
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Francis Bundi John
Plaintiff
Josephine Nyakiru Gikunju
Defendant
Procedural Posture
Land and Property Suit / Judgment
Legal Issues
- 1 Whether the plaintiff has acquired title to land parcel No. Ntima/Igoki/3485 by way of adverse possession.
- 2 Whether the plaintiff's occupation of the suit land has been continuous, open, and without interruption for the statutory period.
Ratio Decidendi
The court found that the plaintiff had been in continuous, open, and uninterrupted occupation of the suit land since the 1990s, without the permission of the registered owner and without any interruption. The defendant did not challenge the claim, and the evidence presented, including photographs and a search certificate, supported the plaintiff's case. Applying the principles from the cited authorities, the court held that the plaintiff had satisfied the legal requirements for adverse possession and was entitled to be registered as the owner of land parcel No. Ntima/Igoki/3485.
Court Disposition
Plaintiff's claim allowed; plaintiff to be registered as owner of the suit land.
Orders
- Plaintiff to be registered as the owner of land parcel No. Ntima/Igoki/3485.
- No orders as to costs.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MERU
ELC CASE NO. 8 OF 2018
FRANCIS BUNDI JOHN …………………………..…………..PLAINTIFF
VERSUS
JOSEPHINE NYAKIRU GIKUNJU …………………………DEFENDANT
JUDGMENT
1. The plaintiff filed this case on 6. 3.2018 claiming entitlement to land parcel no. Ntima/Igoki/3485 by way of adverse possession.
2. Vide the court’s ruling of 23. 7.2018, plaintiff was allowed to effect service of summons by way of substituted service. Such service was effected on 23. 8.2018 through the Daily Nation Newspaper. The matter hence proceeded as a formal proof.
3. Plaintiff testified and adopted his statement dated 27. 2.2018 as his evidence and he also produced the 3 documents in his list of 27. 6.2018 as his exhibits 1-3.
4. Plaintiff avers that he has been in occupation of the suit land since 1990’s and that such occupation has been continuous and without interruption.
5. The plaintiff has availed photographs of the suit land where dwelling structures and a cow can be seen. He has also availed a search certificate showing that the suit land is registered in the name of defendant.I find that plaintiff’s claim has not been challenged. I am also in agreement with the submissions advanced on behalf of the plaintiff including the cited case law- Wambugu vs. Njuguna (1983)KLR 173; Mbira vs. Gachuhi (2002) EALR 137 and Mtana Lewa v Kahindi Ngala Mwangandi (2015) eKLR.
6. In conclusion, I find that the plaintiff has met the criteria of an adverse possessor as he has been in continuous occupation of the suit land without permission and without interruption since 1990’s. The plaintiff’s claim is hence allowed. Plaintiff is to be registered as the owner of the land parcel No. Ntima/Igoki/3485. No orders as to costs.
DATED, SIGNED AND DELIVERED AT MERU THIS 16THDAY OF APRIL , 2020 IN THE ABESENCE OF THE PARTIES AND THEIR ADVOCATES.
NB:The electronic delivery of this Judgment has been occasioned by the prevailing circumstances on Covid 19 pandemic. The advocates concerned have nevertheless given their consent for the said Judgment to be delivered and transmitted to them through the emails they have provided.
HON. LUCY. N. MBUGUA
ELC JUDGE