[2019] KEELC 3427 (KLR)
The court found that the plaintiff had been in continuous, open, and exclusive possession of the suit land since 1990, a period of approximately 29 years, which far exceeds the statutory minimum of 12 years required for adverse possession. The defendant did not contest the claim, and the plaintiff's evidence,...
Source-derived case information.
- Citation
- [2019] KEELC 3427 (KLR)
- Parties
- Plaintiff: John Mutuma M’Ikiao; Defendant: Kiunga s/o Kirera
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 302 of 2017
- Procedural Posture
- Originating Summons / Judgment
- Outcome
- plaintiff_succeeds
- 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
John Mutuma M’Ikiao
Plaintiff
Kiunga s/o Kirera
Defendant
Procedural Posture
Originating Summons / Judgment
Legal Issues
- 1 Whether the plaintiff has acquired title to land parcel No. Abothuguchi/Katheri/1195 by way of adverse possession.
- 2 Whether the plaintiff has met the statutory requirements for adverse possession under Kenyan law.
Ratio Decidendi
The court found that the plaintiff had been in continuous, open, and exclusive possession of the suit land since 1990, a period of approximately 29 years, which far exceeds the statutory minimum of 12 years required for adverse possession. The defendant did not contest the claim, and the plaintiff's evidence, including the green card and testimony regarding his use and occupation of the land, was unchallenged. The court held that the plaintiff had satisfied all the legal requirements for adverse possession and was therefore entitled to be registered as the owner of land parcel No. Abothuguchi/Katheri/1195.
Court Disposition
plaintiff_succeeds
Orders
- It is declared that the plaintiff has become entitled to land parcel No. Abothuguchi/Katheri/1195 by way of adverse possession.
- An order is issued for the plaintiff to be registered as owner of parcel No. Abothuguchi/Katheri/1195.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT MERU
ELC CASE NO. 302 OF 2017
JOHN MUTUMA M’IKIAO..............................................PLAINTIFF
VERSUS
KIUNGA S/O KIRERA...................................................DEFENDANT
JUDGMENT
1. Vide the originating summons filed on 15. 10. 2017, plaintiff is claiming entitlement to land parcel No. Abothuguchi/Katheri/1195 by way of adverse possession. The land measures 0. 332 hectares.
2. The suit documents were served upon defendant vide substituted service through the Daily Nation Newspaper of 2. 11. 2018. The matter hence proceeded as a formal proof.
3. Plaintiff avers that his father M’Ikiao M’Baichu owns land parcel no. Abothuguchi/Katheri/417 whereby land parcel No. 1195 is inside his father’s land at a corner. He avers that since 1990 when he finished school, he has been utilizing this land parcel No. 1195. He did a search and learnt that the parcel No. 1195 belonged to defendant. He produced the green card for the suit land as his evidence. Plaintiff avers that he has planted trees and fruits on the suit land and that is where he has put up his home.
4. I find that plaintiff’s claim is uncontroverted. If plaintiff has utilized the suit land since 1990, then 29 or so years have lapsed.
5. I therefore find that plaintiff has met the criteria of an adverse possessor.
6. Final orders;
(1) It is hereby declared that plaintiff has become entitled to land parcel No. Abothuguchi/Katheri/1195 by way of adverse possession.
(2) An order is hereby issued for plaintiff to be registered as owner of parcel no. Abothuguchi/Katheri/1195.
(3) No orders as to costs.
(4) The Deputy Registrar of the court is directed to sign all requisite documents to facilitate the aforementioned registration.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT MERU THIS DAY OF 15TH MAY, 2019
IN THE PRESENCE OF:-
C/A: Kananu
Murira holding brief for Mwenda Mwarania for plaintiff
Plaintiff
HON. LUCY. N. MBUGUA
ELC JUDGE