[2002] KEHC 909 (KLR)
The court found that the plaintiff had occupied the suit land openly and continuously for over 34 years without any objection or interruption from the defendant. The defendant only sought to remove the plaintiff after more than three decades, which is well beyond the statutory period required for adverse possession....
Source-derived case information.
- Citation
- [2002] KEHC 909 (KLR)
- Parties
- Plaintiff: Salome Nyokabi Ngirachu; Defendant: Njoroge Nganga
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 1959 of 1996
- Procedural Posture
- Civil Case / Judgment
- Outcome
- Judgment for the plaintiff. Declaration of ownership by adverse possession granted. Title to be issued in plaintiff's name. Costs to the applicant.
- Legal Topics
- Adverse Possession, Ownership Disputes, Title Certificate, Long Term Occupation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Salome Nyokabi Ngirachu
Plaintiff
Njoroge Nganga
Defendant
Procedural Posture
Civil Case / Judgment
Legal Issues
- 1 Whether the plaintiff has acquired ownership of the suit land by adverse possession.
- 2 Whether the plaintiff is entitled to a declaration and issuance of title in her name.
Ratio Decidendi
The court found that the plaintiff had occupied the suit land openly and continuously for over 34 years without any objection or interruption from the defendant. The defendant only sought to remove the plaintiff after more than three decades, which is well beyond the statutory period required for adverse possession. The court held that the plaintiff had satisfied the legal requirements for adverse possession and was therefore entitled to be declared the owner of the land and to have the title issued in her name.
Court Disposition
Judgment for the plaintiff. Declaration of ownership by adverse possession granted. Title to be issued in plaintiff's name. Costs to the applicant.
Orders
- Plaintiff declared owner of plot No. GITHUNGURI.GITHUNGURI/T.64 by adverse possession.
- Title Certificate to be issued in the plaintiff's name.
Full Case Text
Judgment text and source record
9 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL CASE NO.1959 OF 1996SALOME NYOKABI NGIRACHU::::::::PLAINTIFF
V E R S U S
NJOROGE NGANGA :::::::::::::::::::::::::DEFENDANT
J U D G E M E N T
The plaintiff an 80 year old woman has brought this claim for a declaration that she be given ownership on adverse possession of a quarter acre plot No.GITHUNGURI.GITHUNGURI/T.64 wherein she says she has stayed since 1960.
She has now lived there for over 40 years but on the 34th year (1996) defendant wrote to her a letter requiring her to leave. The present case was filed after that letter Ex 2 and was served on the defendant who has not filed any replying affidavit although he entered an appearance.
On the evidence before me and it being shown that the plaintiff lived for 34 years without being asked to leave I think adverse possession is proved. The principle is that where a person stays on another`s land for 12 years without any hindrance or being asked to leave by the owner the same acquire rights of ownership over the said land.
After hearing the plaintiff, I declare that the plaintiff owner of the land shown as prayed and direct that Title Certificate be issued in her name and all those prayers as set out in the application be and are hereby granted. Costs to the applicant. Deliver on 6th day of May, 2002 A. I. HAYANGA J U D G E