[2016] KEELC 95 (KLR)
The court found that the applicant had been in open, continuous, and exclusive possession of the suit property since 1994, without force, secrecy, or permission, and had developed the land as his home. The respondent did not contest the claim. The court held that the applicant satisfied the legal requirements for...
Source-derived case information.
- Citation
- [2016] KEELC 95 (KLR)
- Parties
- Applicant: Joseph Kipteroi Cheboi; Respondent: Charles Nyakundi Onsongo
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 1012 of 2012
- Procedural Posture
- Originating Summons / Judgment
- Outcome
- Judgment for the applicant; title to the suit land vested in the applicant by adverse possession.
- Judges
- A Ombwayo
- Legal Topics
- Adverse Possession, Land Title Registration, Trusts in Land, Possession Period, Sale of Land, Ownership Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Kipteroi Cheboi
Applicant
Charles Nyakundi Onsongo
Respondent
Procedural Posture
Originating Summons / Judgment
Legal Issues
- 1 Whether the applicant has acquired title to Uasin Gishu/Kipkabus Settlement Scheme/432 by adverse possession.
- 2 Whether the respondent holds the title to the said land in trust for the applicant.
- 3 Whether the applicant is entitled to be registered as proprietor of the suit property.
Ratio Decidendi
The court found that the applicant had been in open, continuous, and exclusive possession of the suit property since 1994, without force, secrecy, or permission, and had developed the land as his home. The respondent did not contest the claim. The court held that the applicant satisfied the legal requirements for adverse possession under the Limitation of Actions Act, and therefore the respondent's title was extinguished. The applicant was entitled to be registered as proprietor of Uasin Gishu/Kipkabus Settlement Scheme/432 by virtue of adverse possession.
Court Disposition
Judgment for the applicant; title to the suit land vested in the applicant by adverse possession.
Orders
- The applicant Joseph Kipteroi Cheboi is declared to have acquired title to Uasin Gishu/Kipkabus Settlement Scheme/432 by adverse possession.
- The title of the respondent Charles Nyakundi Onsongo to the said land is extinguished.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN ENVIRONMENT AND LAND COURT OF KENYA AT ELDORET
E & L CASE NO. 1012 OF 2012 (OS)
JOSEPH KIPTEROI CHEBOI..................................................APPLICANT
VERSUS
CHARLES NYAKUNDI ONSONGO.....................................RESPONDENT
JUDGMENT
The plaintiff Joseph Kipteroi Cheboi has come to court against the defendant Charles Nyakundi Onsongo by way of originating summons claiming to have acquired title of that property known as Uasin Gishu/Kipkabus Settlement Scheme/432 by adverse possession and therefore, the defendant holds title to the said land in trust for the plaintiff. The originating summons is supported by the affidavit of Joseph Kipteroi Cheboi who states that sometime in June 1994, he purchased that property known as Uasin Gishu/Kipkabus Settlement Scheme/432 from one Charles Nyakundi Onsongo. That he immediately took possession of the said parcel of land whereof he has set up his home that he and his family have since resided therein and has extensively developed the said parcel of land since he took possession in 1994. That though they reduced the sale agreement in writing before their location chief, he has since misplaced the sale agreement entered into and all efforts he has made to trace it have been fruitless. That since then, he has occupied the said parcel of land openly, continuously without force, without secret and without permission. That he has made all efforts to trace the said Charles Nyakundi Onsongo in order for him to transfer the said parcel with no success. That to the best of his knowledge, information and belief all his neighbours know and regard him as the owner of the suit land. That he is counseled by his advocates, which counsel he verily believes to be true that under the law, the court can declare and order him to be registered as the proprietor of the said property. That it is further within his knowledge that there is no other case pending and there have no other cases between himself and the respondents over the same subject matter.
The defendant was served but failed to file a replying affidavit. When the matter came for hearing, the plaintiff testified that he relied on the affidavit
I have considered the originating summons and the testimony of the plaintiff and do find that he has satisfied the condition for adverse possession and do enter judgment on his behalf thus, that he has acquired title to the said land measuring 4. 2 Ha by adverse possession and that the said title is extinguished and it is hereby ordered that Uasin Gishu/Kipkabus Settlement Scheme/432 be registered in his name forthwith.
DATED AND DELIVERED AT ELDORET ON 24TH DAY OF NOVEMBER, 2016.
ANTONY OMBWAYO
JUDGE