[2014] KEHC 244 (KLR)
The court found that the plaintiff had been in peaceful, undisturbed, and uninterrupted possession and occupation of the suit land, L. R. No. Ntima/Igoki/300, since 1987. The defendant admitted the plaintiff's claim in writing and did not oppose the application at the hearing. Accordingly, the court held that the...
Source-derived case information.
- Citation
- [2014] KEHC 244 (KLR)
- Parties
- Plaintiff: Silas Marangu 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 / Judgment
- Outcome
- judgment for the plaintiff
- 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 Marangu Makinya
Plaintiff
Livingstone Koome Barana
Defendant
Procedural Posture
Originating Summons / Judgment
Legal Issues
- 1 Whether the plaintiff is entitled to be registered as proprietor of L. R. No. Ntima/Igoki/300 by adverse possession under section 38 of the Limitation of Actions Act.
- 2 Whether the defendant has admitted the plaintiff's claim in writing, justifying entry of judgment for the plaintiff.
Ratio Decidendi
The court found that the plaintiff had been in peaceful, undisturbed, and uninterrupted possession and occupation of the suit land, L. R. No. Ntima/Igoki/300, since 1987. The defendant admitted the plaintiff's claim in writing and did not oppose the application at the hearing. Accordingly, the court held that the plaintiff had satisfied the requirements for adverse possession under section 38 of the Limitation of Actions Act and was entitled to be registered as proprietor in place of the defendant. The court therefore entered judgment for the plaintiff and awarded costs.
Court Disposition
judgment for the plaintiff
Orders
- It is 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 proprietor by adverse possession in lieu of the present registered proprietor of all the parcel of land known as L. R. No. Ntima/Igoki/300.
- Costs are awarded to the plaintiff.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
ELC NO. 2 OF 2014
SILAS MARANGU MAKINYA..............................................................PLAINTIFF
VERSUS
LIVINGSTONE KOOME BARANA...................................................DEFENDANT
J U D G E M E N T
This application is dated 10th July, 2014 and seeks orders that:-
1. This Court be pleased to enter judgment for the plaintiff against the defendant in terms of prayers (a) and (c) of the originating summons dated 3rd January, 2011.
2. This court do make such further orders to give effect to the judgment so entered.
3. Costs of this application be provided for.
The application is supported by the affidavit of Silas Marangu Makinya and has the following grounds:
1. The defendant has admitted the plaintiff's claim in writing.
2. It is only fair and just that judgment be entered for the plaintiff against the defendant.
When this application was heard inter partes on 30. 9.2014, the defendant told the Court that he was not opposed to the application. In the circumstances, I enter judgment for the plaintiff against the defendant in the following terms:
1. It is hereby declared that the plaintiff has become entitled under section 38 of the Limitation of Action 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/300 on which the plaintiff has been in peaceful, undisturbed and uninterrupted possession and occupation since the year 1987.
2. Costs are awarded to the plaintiff.
It is so ordered
Delivered in Open Court at Meru this 30th day of October, 2014 in the presence of.
Cc. Gatari Ringera for plaintiff
Livingstone Koome - defendant
P. M. NJOROGE
JUDGE