[2018] KEELC 4881 (KLR)

[2018] KEELC 4881 (KLR)

The court found that the plaintiff had been in actual, open, and uninterrupted possession of the suit land for over 25 years. The defendant's evidence was inconsistent, particularly regarding whether the plaintiff's occupation was permissive or adverse. The court held that the plaintiff's possession was not as a...

Source-derived case information.

Citation
[2018] KEELC 4881 (KLR)
Parties
Plaintiff: Paul Langat; Defendant: Rachael Chepyoset
Court
Environment and Land Court
Court Station
Environment and Land Court at Narok
Jurisdiction
Kenya
Judgment Date
2 March 2018
Case Number
Environment & Land Case 401 of 2017
Procedural Posture
Originating Summons / Judgment
Outcome
judgment_for_plaintiff
Judges
MN Kullow
Legal Topics
Adverse Possession, Land Registration, Title Acquisition, Land Disputes
Source Language
english
Land and Property Adverse Possession Land Registration Title Acquisition Land Disputes

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Summary, issues, holding and outcome

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Parties

Paul Langat

Plaintiff

Rachael Chepyoset

Defendant

Procedural Posture

Originating Summons / Judgment

Legal Issues

  1. 1 Whether the plaintiff has acquired title to land parcel Transmara/Ololmasani/923 by adverse possession.
  2. 2 Whether the plaintiff's occupation of the suit land was with the defendant's permission or as a licensee.
  3. 3 Whether the defendant is entitled to evict the plaintiff from the suit land.

Ratio Decidendi

The court found that the plaintiff had been in actual, open, and uninterrupted possession of the suit land for over 25 years. The defendant's evidence was inconsistent, particularly regarding whether the plaintiff's occupation was permissive or adverse. The court held that the plaintiff's possession was not as a licensee but adverse to the defendant's title, as the defendant failed to take any steps to evict or reclaim the land for a prolonged period. Consequently, the plaintiff satisfied the requirements for adverse possession under Kenyan law and was entitled to be declared the owner of the suit land and have it transferred to his name.

Court Disposition

judgment_for_plaintiff

Orders

  • A declaration is issued that the plaintiff has acquired title to land parcel Transmara/Ololmasani/923 by adverse possession.
  • The defendant shall transfer the suit land to the plaintiff within 45 days of the judgment, failing which the Deputy Registrar is authorized to execute transfer documents.