[2018] KEELC 2944 (KLR)
The court found that the plaintiff and the interested party had established their claim to the suit land by adverse possession, as evidenced by their continuous occupation and the consent of the parties. The court adopted the consent as its judgment, declaring that both the plaintiff and the interested party had...
Source-derived case information.
- Citation
- [2018] KEELC 2944 (KLR)
- Parties
- Plaintiff: Fredrick Mugambi; Defendant: Geoffrey N. Thuita; Interested Party: Salesio Mati Mwirichia
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 156 of 2017
- Procedural Posture
- Originating Summons / Judgment
- Outcome
- suit settled by consent; judgment entered for plaintiff and interested party as per consent
- Judges
- FM Njoroge
- Legal Topics
- Adverse Possession, Land Registration, Title Acquisition
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fredrick Mugambi
Plaintiff
Geoffrey N. Thuita
Defendant
Salesio Mati Mwirichia
Interested Party
Procedural Posture
Originating Summons / Judgment
Legal Issues
- 1 Whether the plaintiff and the interested party have acquired title to the suit land by way of adverse possession.
- 2 Whether the plaintiff and the interested party should be registered as owners of the respective portions they occupy on the suit land.
- 3 Whether the court should adopt the consent of the parties as an order of the court.
Ratio Decidendi
The court found that the plaintiff and the interested party had established their claim to the suit land by adverse possession, as evidenced by their continuous occupation and the consent of the parties. The court adopted the consent as its judgment, declaring that both the plaintiff and the interested party had acquired title to the respective portions of Land Parcel No. South Tharaka/Tunyai “A”/283 they occupied. The court ordered the land to be subdivided and the respective portions registered in their names, with the costs of subdivision to be shared between them. Each party was to bear their own costs of the suit.
Court Disposition
suit settled by consent; judgment entered for plaintiff and interested party as per consent
Orders
- A declaration is made that the plaintiff and the interested party have acquired title to land parcel No. South Tharaka/Tunyai “A”/283 through adverse possession.
- The plaintiff and the interested party shall be registered as owners of the respective portions of the land they occupied as at 30th May, 2018.
Full Case Text
Judgment text and source record
45 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CASE NO. 156 OF 2017
FORMERLY MERU ELC. 53 OF 2012(OS)
FREDRICK MUGAMBI......................................PLAINTIFF
VERSUS
GEOFFREY N. THUITA.................................DEFENDANT
SALESIO MATI MWIRICHIA.......INTERESTED PARTY
JUDGMENT
1. The plaintiff and the Interested Party in this suit sought parallel declarations that they be registered as owners of the portions of land they occupied on Land Parcel No. South Tharaka/Tunyai “A”/283 which they said was registered in the name of a non-existent person.
2. On 20th June, 2018, their lawyers proffered a consent which they wanted the court to adopt as its order.
3. Mr. Mutani, for the Interested Party, asked the court to peruse the pleadings the parties had filed and find that they had obtained ownership by way of adverse possession of the portions of the suit land that they occupied. He asked the court to enter a judgment accordingly.
4. Mr. Ringera, for the plaintiff agreed with the submissions made by Mr. Mutani and asked the court to enter a judgment accordingly.
5. The parties’ consent dated 19th June, 2018 and addressed to the Deputy Registrar of this court is reproduced in full herebelow:
19. 6.2018
Dear Sir,
RE: ELC NO. 156 OF 2017
FREDRICK MUGAMBI –VS- GEOFFREY N. THUTAI
Please record the following consent;
By consent, this suit be marked as settled on the following terms;
1. A declaration is hereby made that both the plaintiff, FREDRICK MUGAMBI and the interested party, SALESIO MATI MWIRICHIA have acquired title to land parcel NO. SOUTH/THARAKA/TUNYAI “A”/283 issued in the name of the defendant, GEOFREY N. THUITAI under adverse possession.
2. Both the plaintiff, FREDRICKMUGAMBI and the Interested party, SALESIO MATI MWIRICHIA shall be registered as the owners of the respective portions of land parcel No. South Tharaka/Tunyai/ “A”/283 occupied by each one of them as at 30th May, 2018.
3. The land registrar and surveyor, Tharaka Nithi County do visit land parcel No. South/Tharaka/Tunyai/ “A” 283, sub-divide the same into two portions in accordance with clause 2 hereof and transfer the respective portions to the plaintiff and the interested party. The plaintiff and the interested party shall share the cost of sub-division.
4. The executive officer of this honourable court be authorized to execute all necessary documents to effect the sub-division of land parcel No. South/Tharaka/Tunyai/ “A” 283 and transfer of the respective parcels to the plaintiff and the interested party.
5. Parties to bear own costs of the suit.
Yours faithfully,
GATARI RINGERA & COMPANY
ADVOCATES FOR THE PLAINTIFF
P. MUTANI & COMPANY
ADVOCATES FOR THE INTERESTED PARTY
6. This consent is confirmed as an order of this court.
7. Consequently, it is ordered as follows:
1. A declaration is hereby made that the plaintiff, FREDRICK MUGAMBI and the Interested Party SALESIO MATI MWIRICHIA have acquired title to land parcel No. SOUTH THARAKA/TUNYAI “A”/283 registered in the name of the defendant, GEOFFREY N. THUITAI through the doctrine of adverse possession.
2. Both the plaintiff, FREDRICK MUGAMBI and the Interested party, SALESIO MATI MWIRICHIA shall be registered as the owners of the respective portions of land parcel NO. SOUTH THARAKA/TUNYAI “A”/283 occupied by each one of them as at 30th May, 2018.
3. The Land Registrar and surveyor, Tharaka Nithi County do visit land parcel NO. SOUTH THARAKA/TUNYAI “A”/283, subdivide the same into two portions in accordance with order 2 hereof and transfer the respective portions to the plaintiff and the interested party.
4. The plaintiff and the interested party shall share all attendant costs.
5. The Executive Officer of this court is hereby authorized to execute all necessary documents to effect the subdivision of land parcel NO. SOUTH THARAKA/TUNYAI “A”/283 and transfer of the respective parcels to the plaintiff and to the Interested party.
6. Parties shall bear own costs in as far as this suit is concerned.
7. It is so ordered.
Delivered in open Court at Chuka this 25th day of June, 2018 in the presence of:
CA: Ndegwa
Mutani for the Interested Party
Frederick Mugambi – Plaintiff
P.M. NJOROGE
JUDGE