[2018] KEELC 4096 (KLR)
The court found that the applicants had satisfied the legal requirements for adverse possession over the suit land parcels, having been in continuous and exclusive possession for the requisite period. The 1st applicant's payment of Kshs.3,000/= to the 1st respondent was confirmed, fulfilling any outstanding...
Source-derived case information.
- Citation
- [2018] KEELC 4096 (KLR)
- Parties
- Applicant: Njoka Kathuni; Applicant: Rose Kagendo; Applicant: Aileen Maruta; Respondent: Mbaka Kathuni; Respondent: Justine M. Mutindwa; Respondent: Casty Kanyua Joseph
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 14 of 2017
- Procedural Posture
- Originating Summons / Ruling on Confirmation of Judgment and Execution Orders
- Outcome
- judgment confirmed; suit finally determined; transfer of land ordered
- Judges
- FM Njoroge
- Legal Topics
- Adverse Possession, Land Registration, Transfer of Land, Limitation of Actions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Njoka Kathuni
Applicant
Rose Kagendo
Applicant
Aileen Maruta
Applicant
Mbaka Kathuni
Respondent
Justine M. Mutindwa
Respondent
Casty Kanyua Joseph
Respondent
Procedural Posture
Originating Summons / Ruling on Confirmation of Judgment and Execution Orders
Legal Issues
- 1 Whether the applicants have acquired title to the suit land parcels by adverse possession.
- 2 Whether the 1st respondent is obligated to transfer the suit land to the 1st applicant following payment.
- 3 Whether the court should direct the Executive Officer to execute transfer documents if the respondent fails to comply.
Ratio Decidendi
The court found that the applicants had satisfied the legal requirements for adverse possession over the suit land parcels, having been in continuous and exclusive possession for the requisite period. The 1st applicant's payment of Kshs.3,000/= to the 1st respondent was confirmed, fulfilling any outstanding obligation. The court therefore confirmed its earlier judgment, ordering the transfer of the relevant land parcel to the 1st applicant. In the event of non-compliance by the 1st respondent, the court empowered its Executive Officer to execute all necessary documents to effectuate the transfer, ensuring the applicants' rights are realized under the law.
Court Disposition
judgment confirmed; suit finally determined; transfer of land ordered
Orders
- The court's judgment delivered on 13.3.2018 is confirmed.
- The suit is marked as finally heard and determined.
Full Case Text
Judgment text and source record
37 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CASE NO 14 OF 2017 (OS)
FORMERLY MERU ELC CASE NO.18 OF 2016(OS)
IN THE MATTER OF THE LAND REGISTRATION ACT NO. 6 OF 2012
AND
IN THE MATTER OF LAND ACT NO. 3 OF 2012
AND
IN THE MATTER OF THE LIMITATION OF ACTION ACT CAP 22
LAWS OF KENYA SECTION 7 AND 38
AND
IN THE MATTER OF AN APPLICATION BY NJOKA KATHUNI, ROSE KAGENDO
AND AILEEN MARUTA THAT THEY BE DECLARED THE PROPRIETORS OF
LAND PARCELS MAGUMONI/MWONGE/1909, MAGUMONI/MWONGE/1910 AND
MAGUMONI/MWONGE/1911 BY VIRTUAL OF OPERATION OF LAW (ADVERSE POSSESSION)
AND IN THE MATTER OF ORDER 37 RULE 7(1, 2, 3)
AND IN THE MATTER OF AN APPLICATION BY NJOKA KATHUNI, ROSE KEGENDO AND
AILEEN MARUTA THAT THEY BE REGISTERED AS PROPRIETORS OF LAND PARCELS MAGUMONI/MWONGE/1909, MAGUMONI/MWONGE/1910 AND LR. MAGUMONI/MWONGE/1911
BETWEEN
NJOKA KATHUNI……………………......………………….…….1ST APPLICANT
ROSE KAGENDO ……………………….....………….………….2ND APPLICANT
AILEEN MARUTA………………………….....………….……....3RD APPLICANT
VERSUS
MBAKA KATHUNI…………………………....……………….1ST RESPONDENT
JUSTINE M. MUTINDWA…………………...…….………….2ND RESPONDENT
CASTY KANYUA JOSEPH……………….…….…………….3RD RESPONDENT
RULING
1. This ruling is to confirm that as intimated in paragraph 13 of this court’s judgment, the 1st applicant paid Kshs.3,000/= to the 1st respondent.
2. In the circumstances, this court’s judgment delivered on 13. 3.2018 is confirmed and the suit is marked finally heard and determined.
3. Should the 1st respondent, MBAKA KATHUNI, not transfer to the 1st applicant, NJOKA KATHUNI, Land Parcel No. MAGUMONI/MWONGE/1911, the Executive Officer of this court is directed to executeall documents necessary to effectuate implementation of this order.
4. It is so ordered.
Delivered in open court at Chuka this 13th day of March, 2018 in the presence of:
CA: Ndegwa
Njoka Kathuni – 1st Applicant
Mbaka Kathuni – 1st Respondent
P.M. NJOROGE
JUDGE