[2025] KEELC 4049 (KLR)

[2025] KEELC 4049 (KLR)

The court found that the Applicant had been in continuous, open, and exclusive possession of Kilifi/Kijipwa/133 for over twelve years since 2009, without the permission of the Respondent and without interruption. The Respondent, despite being served by substituted service, did not contest the claim. The Applicant's...

Source-derived case information.

Citation
[2025] KEELC 4049 (KLR)
Parties
Applicant: Ezekiel Mburu Githinji; Respondent: Patrick Alex Maina Ikinya
Court
Environment and Land Court
Court Station
Environment and Land Court at Malindi
Jurisdiction
Kenya
Judgment Date
22 May 2025
Case Number
Enviromental and Land Originating Summons E019 of 2024
Procedural Posture
Originating Summons / Judgment
Outcome
Originating Summons allowed; Applicant declared owner by adverse possession; Respondent's title extinguished; costs to Applicant.
Judges
EK Makori
Legal Topics
Adverse Possession, Limitation of Actions, Title Extinguishment
Source Language
english
Land and Property Adverse Possession Limitation of Actions Title Extinguishment

Source-derived case record

Summary, issues, holding and outcome

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Parties

Ezekiel Mburu Githinji

Applicant

Patrick Alex Maina Ikinya

Respondent

Procedural Posture

Originating Summons / Judgment

Legal Issues

  1. 1 Whether the Applicant has demonstrated his claim for adverse possession to the requisite standard.
  2. 2 Who bears the cost of the suit?

Ratio Decidendi

The court found that the Applicant had been in continuous, open, and exclusive possession of Kilifi/Kijipwa/133 for over twelve years since 2009, without the permission of the Respondent and without interruption. The Respondent, despite being served by substituted service, did not contest the claim. The Applicant's occupation satisfied the legal requirements for adverse possession as set out in Sections 7 and 38 of the Limitation of Actions Act and as interpreted in relevant case law. Consequently, the Applicant was entitled to be declared the owner of the suit property, the Respondent's title was extinguished, and the Applicant was to be registered as proprietor. Costs were awarded to...

Court Disposition

Originating Summons allowed; Applicant declared owner by adverse possession; Respondent's title extinguished; costs to Applicant.

Orders

  • The Applicant is declared the rightful owner of Kilifi/Kijipwa/133, measuring 1.049 hectares, by adverse possession.
  • The Respondent's title to Kilifi/Kijipwa/133 is declared extinguished, invalid, null and void.