[2020] KEELC 3001 (KLR)

[2020] KEELC 3001 (KLR)

The court found that the applicant was put in possession of the suit land by a person with a beneficial interest and has been in continuous, open, and exclusive possession for over 12 years. The applicant developed the land and used it without interruption. The respondents, as administrators, were registered in 2007...

Source-derived case information.

Citation
[2020] KEELC 3001 (KLR)
Parties
Applicant: Issa Isaya Wesechere; Respondent: Fredrick Iseme Esenyi; Respondent: Protas Aroni Awuor
Court
Environment and Land Court
Court Station
Environment and Land Court at Busia
Jurisdiction
Kenya
Case Number
Land Case 30 of 2019
Procedural Posture
Originating Summons / Judgment
Outcome
judgment_for_applicant
Legal Topics
Adverse Possession, Limitation of Actions, Land Registration, Beneficial Interest
Source Language
en
Land and Property Adverse Possession Limitation of Actions Land Registration Beneficial Interest

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Summary, issues, holding and outcome

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Parties

Issa Isaya Wesechere

Applicant

Fredrick Iseme Esenyi

Respondent

Protas Aroni Awuor

Respondent

Procedural Posture

Originating Summons / Judgment

Legal Issues

  1. 1 Whether the applicant has acquired a portion of L.R. No. Bukhayo/Buyofu/441 by adverse possession for over 12 years.
  2. 2 Whether the respondents' rights over the portion of land have been extinguished by operation of law.
  3. 3 Whether the applicant is entitled to registration as absolute proprietor of the portion occupied.

Ratio Decidendi

The court found that the applicant was put in possession of the suit land by a person with a beneficial interest and has been in continuous, open, and exclusive possession for over 12 years. The applicant developed the land and used it without interruption. The respondents, as administrators, were registered in 2007 but took no steps to recover the land. The applicant's evidence was unchallenged, and the requirements for adverse possession were met. Therefore, the applicant is entitled to be registered as absolute proprietor of the 0.8 hectares in question, and the respondents' rights over that portion are extinguished by operation of law.

Court Disposition

judgment_for_applicant

Orders

  • The respondents' rights over 0.8 hectares of L.R. No. Bukhayo/Buyofu/441 are extinguished by adverse possession.
  • The respondents are perpetually barred from taking or using the 0.8 hectares under the applicant's occupation.