[2016] KEHC 882 (KLR)
The court found that the plaintiff had satisfied the legal requirements for adverse possession, having been in continuous, peaceful, and uninterrupted possession of the suit land since 1987. The court further held that a typographical error in its previous order referencing the wrong prayer should be corrected to...
Source-derived case information.
- Citation
- [2016] KEHC 882 (KLR)
- Parties
- Plaintiff: Silas B.M Makinya; Defendant: Livingstone Koome Barana
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 2 of 2014
- Procedural Posture
- Originating Summons / Post Judgment Correction of Typographical Error
- Outcome
- Plaintiff's entitlement to registration by adverse possession confirmed; typographical error in previous order corrected; costs set aside.
- Judges
- FM Njoroge
- Legal Topics
- Adverse Possession, Limitation of Actions, Land Registration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Silas B.M Makinya
Plaintiff
Livingstone Koome Barana
Defendant
Procedural Posture
Originating Summons / Post Judgment Correction of Typographical Error
Legal Issues
- 1 Whether the plaintiff is entitled to be registered as proprietor of L.R No. NTIMA/IGOKI/3001 by adverse possession under Section 38 of the Limitation of Actions Act.
- 2 Whether the court should correct a typographical error in its previous order to give effect to the judgment.
Ratio Decidendi
The court found that the plaintiff had satisfied the legal requirements for adverse possession, having been in continuous, peaceful, and uninterrupted possession of the suit land since 1987. The court further held that a typographical error in its previous order referencing the wrong prayer should be corrected to reflect the true intention of the judgment. Consequently, the court empowered its Executive Officer to execute all necessary documents to transfer the land to the plaintiff and set aside the earlier costs order at the plaintiff's instance, ensuring the judgment was properly implemented.
Court Disposition
Plaintiff's entitlement to registration by adverse possession confirmed; typographical error in previous order corrected; costs set aside.
Orders
- The Executive Officer of the court is empowered to execute all documents for transfer of land parcel No. NTIMA/IGOKI/3001 to the plaintiff to give effect to the judgment.
- No costs are awarded in this application and the costs granted to the plaintiff in the judgment delivered on 30.10.2014 are set aside at the instance of the plaintiff.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
ELC CASE NO. 2 OF 2014 (OS)
SILAS B.M MAKINYA.........................................PLAINTIFF
VERSUS
LIVINGSTONE KOOME BARANA....................DEFENDANT
R U L I N G
1. On 30th October, 2014 this Court entered judgment against the Plaintiff in the following terms.:-
(1) It is hereby declared that the Plaintiff has become entitled under Section 38 of the Limitation of Actions Act (cap 22 Laws of Kenya) to be registered as a proprietor by adverse possession in lieu of the present registered proprietor of all the parcel of land Known as L.R No. NTIMA/IGOKI/ 3001 which the plaintiff has been in peaceful, undisturbed and uninterrupted possession and occupation since the year 1987.
(2) Costs are awarded to the Plaintiff.
2. On 11th November, 2015 this Court meant to facilitate the Judgment of this Court. However, a typographical error referred to prayer 2 instead of prayer 1 as the prayer which the Court allowed.
3. To correct the consequences of the typographical error, and for avoidance of doubt, it is ordered as follows:-
i. The Executive Officer of this Court is empowered to execute all documents for transfer of land parcel No. NTIMA/IGOKI/3001 to the plaintiff , So as to give effect to the orders made by this Court on 20th October, 2014.
ii. No costs are awarded in this application and the costs granted to the plaintiff in the judgment delivered on 30. 19. 2014 are set aside at the instance of the plaintiff.
4. It is so ordered .
DELIVERED IN OPEN COURT AT MERU THIS 30TH DAY OF NOVEMBER, 2016, IN THE PRESENCE OF : -
C.A : Daniel /James
Gatari Ringera for the Plaintiff
P.M. NJOROGE
JUDGE