[2019] KEELC 4251 (KLR)

[2019] KEELC 4251 (KLR)

The court found that the plaintiff entered into an oral sale agreement with the defendant in 1999, paid the full consideration by 2000, and took possession of one acre of LR NO: NKUENE/NKUMARI/568. The plaintiff’s possession was open, exclusive, continuous, and undisturbed for over 12 years. The defendant’s claim of a lease was unsupported by evidence, and the defendant did not challenge the plaintiff’s documentary evidence or the minutes of the chief’s meeting. The court held that the plaintiff’s possession was adverse to the defendant’s title, and the statutory period for adverse possession began in 2000. By the time the suit was filed, the plaintiff had satisfied all legal requirements...

Citation
[2019] KEELC 4251 (KLR)
Parties
Plaintiff: Francis Kimathi Mutonga; Defendant: M’Rithaa M’Ethuri alias Rithaa Ithuri
Court
Environment and Land Court
Court Station
Environment and Land Court at Meru
Jurisdiction
Kenya
Judgment Date
1 March 2019
Case Number
Land Case 81 of 2014
Procedural Posture
Originating Summons / Judgment
Outcome
judgment_for_plaintiff
Judges
FM Njoroge
Legal Topics
Adverse Possession, Limitation of Actions, Trusts in Land, Land Registration, Oral Land Sale, Possession Requirements
Source Language
English
Land and Property Adverse Possession Limitation of Actions Trusts in Land Land Registration Oral Land Sale Possession Requirements

Case Brief

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Parties

Francis Kimathi Mutonga

Plaintiff

M’Rithaa M’Ethuri alias Rithaa Ithuri

Defendant

Procedural Posture

Originating Summons / Judgment

Legal Issues

  1. 1 Whether the plaintiff has been in continuous, exclusive and uninterrupted possession and occupation of a portion of one acre of LR NO: NKUENE/NKUMARI/568 for over 12 years.
  2. 2 Whether such occupation has been adverse to the registered owner and extinguished the defendant’s title under the Limitation of Actions Act.
  3. 3 Whether the plaintiff has acquired absolute ownership of one acre out of LR NO: NKUENE/NKUMARI/568 by adverse possession.

Ratio Decidendi

The court found that the plaintiff entered into an oral sale agreement with the defendant in 1999, paid the full consideration by 2000, and took possession of one acre of LR NO: NKUENE/NKUMARI/568. The plaintiff’s possession was open, exclusive, continuous, and undisturbed for over 12 years. The defendant’s claim of a lease was unsupported by evidence, and the defendant did not challenge the plaintiff’s documentary evidence or the minutes of the chief’s meeting. The court held that the plaintiff’s possession was adverse to the defendant’s title, and the statutory period for adverse possession began in 2000. By the time the suit was filed, the plaintiff had satisfied all legal requirements...

Court Disposition

judgment_for_plaintiff

Orders

  • A declaration that the plaintiff has been in continuous, exclusive and uninterrupted possession and occupation of a portion of one acre of LR NO: NKUENE/NKUMARI/568 for over 12 years.
  • A declaration that the defendant holds title over one acre LR NO: NKUENE/NKUMARI/568 in trust for the plaintiff.