[2020] KEELC 3850 (KLR)

[2020] KEELC 3850 (KLR)

The court found that although the plaintiff initially entered the land with the defendant's consent through a sale agreement, the agreement was not fully executed. After the final payment in 1995, the plaintiff's continued occupation became non-consensual. The plaintiff has openly, continuously, and exclusively occupied ½ acre of the suit land for over 12 years without interruption or consent from the defendant. The court held that the plaintiff satisfied all legal requirements for adverse possession and is entitled to the claimed portion of land. The defendant's participation in the trial and admission of the sale did not negate the plaintiff's adverse possession claim, as the occupation...

Citation
[2020] KEELC 3850 (KLR)
Parties
Plaintiff: Gregory Gituma; Defendant: Mrukwaru M’Mwogone
Court
Environment and Land Court
Court Station
Environment and Land Court at Meru
Jurisdiction
Kenya
Judgment Date
22 January 2020
Case Number
Environment & Land Case 195 of 2016
Procedural Posture
Originating Summons / Judgment
Outcome
plaintiff's claim allowed
Legal Topics
Adverse Possession, Land Transfer, Title Acquisition, Land Sale Agreements
Source Language
English
Land and Property Adverse Possession Land Transfer Title Acquisition Land Sale Agreements

Case Brief

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Parties

Gregory Gituma

Plaintiff

Mrukwaru M’Mwogone

Defendant

Procedural Posture

Originating Summons / Judgment

Legal Issues

  1. 1 Whether the plaintiff has acquired ½ acre out of land parcel Nyaki/Thuura/2035 by way of adverse possession.
  2. 2 Whether the plaintiff's occupation of the suit land meets the legal requirements for adverse possession.

Ratio Decidendi

The court found that although the plaintiff initially entered the land with the defendant's consent through a sale agreement, the agreement was not fully executed. After the final payment in 1995, the plaintiff's continued occupation became non-consensual. The plaintiff has openly, continuously, and exclusively occupied ½ acre of the suit land for over 12 years without interruption or consent from the defendant. The court held that the plaintiff satisfied all legal requirements for adverse possession and is entitled to the claimed portion of land. The defendant's participation in the trial and admission of the sale did not negate the plaintiff's adverse possession claim, as the occupation...

Court Disposition

plaintiff's claim allowed

Orders

  • A declaration is issued that the plaintiff has acquired ½ acre out of land No. Nyaki/Thuura/2035 by way of adverse possession.
  • The defendant is ordered to transfer ½ acre out of land No. Nyaki/Thuura/2035 to the plaintiff, failing which the Deputy Registrar is authorized to sign all requisite documents to effect the transfer.