[2017] KEELC 1072 (KLR)

[2017] KEELC 1072 (KLR)

The court found that the plaintiff, Joseph Boro Ngera, entered into a sale agreement with the deceased in 1977, paid the full purchase price, and took immediate possession of the suit property. Despite the agreement requiring consent from the Commissioner of Lands, the deceased received the full benefit of the...

Source-derived case information.

Citation
[2017] KEELC 1072 (KLR)
Parties
Plaintiff: Joseph Boro Ngera; Defendant: Lucy Wangui Kinuthia (Suing in her capacity as the legal Representative of the estate of Samuel Ngugi Kinuthia)
Court
Environment and Land Court
Court Station
Environment and Land Court at Nakuru
Jurisdiction
Kenya
Case Number
Environment & Land Case 347 of 2013
Procedural Posture
Originating Summons / Judgment
Outcome
Plaintiff's claim for adverse possession succeeds; defendant's claim dismissed.
Judges
MA Silau
Legal Topics
Adverse Possession, Ownership Disputes, Land Registration, Cautions on Title
Source Language
en
Land and Property Adverse Possession Ownership Disputes Land Registration Cautions on Title

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Summary, issues, holding and outcome

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Parties

Joseph Boro Ngera

Plaintiff

Lucy Wangui Kinuthia (Suing in her capacity as the legal Representative of the estate of Samuel Ngugi Kinuthia)

Defendant

Procedural Posture

Originating Summons / Judgment

Legal Issues

  1. 1 Whether the plaintiff is entitled to the suit property by way of adverse possession.
  2. 2 Whether the estate of the deceased is entitled to a declaration of ownership and lifting of the caution.
  3. 3 Whether the plaintiff's possession was continuous, open, and adverse for the statutory period.

Ratio Decidendi

The court found that the plaintiff, Joseph Boro Ngera, entered into a sale agreement with the deceased in 1977, paid the full purchase price, and took immediate possession of the suit property. Despite the agreement requiring consent from the Commissioner of Lands, the deceased received the full benefit of the purchase price, and the plaintiff paid all outgoings on the property. The plaintiff's possession was open, continuous, and uninterrupted for well over 12 years, with no evidence that the deceased or his family were ever in possession after the sale. The court held that the plaintiff's occupation became adverse at the latest in 1983 when the lease was issued to the deceased, and that...

Court Disposition

Plaintiff's claim for adverse possession succeeds; defendant's claim dismissed.

Orders

  • It is declared that Joseph Boro Ngera is entitled to ownership of the leasehold title comprised in Nakuru Municipality Block 17/35 by virtue of adverse possession.
  • The title of Samuel Ngugi Kinuthia through his estate is extinguished; Joseph Boro Ngera to be registered as proprietor of the leasehold title in place of Samuel Ngugi Kinuthia and issued with the leasehold title.