[2010] KEHC 3886 (KLR)

[2010] KEHC 3886 (KLR)

The court found that the applicant and its predecessors had been in open, exclusive, and uninterrupted possession of the disputed 0.0153 hectares of LR No.209/785/19 since 1938. The respondent and its predecessors failed to take any effective steps to assert their rights or interrupt this possession, even after the...

Source-derived case information.

Citation
[2010] KEHC 3886 (KLR)
Parties
Applicant: Tools and Paints Hardware Ltd; Respondent: Ramco Hardware Limited
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
21 January 2010
Case Number
Environment & Land Case 97 of 2009
Procedural Posture
Originating Summons / Judgment
Outcome
judgment_for_applicant
Judges
AT Sitati
Legal Topics
Adverse Possession, Limitation of Actions, Land Registration, Title Acquisition
Source Language
english
Land and Property Civil Procedure Adverse Possession Limitation of Actions Land Registration Title Acquisition

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Tools and Paints Hardware Ltd

Applicant

Ramco Hardware Limited

Respondent

Procedural Posture

Originating Summons / Judgment

Legal Issues

  1. 1 Whether the applicant has acquired title to a portion of LR No.209/785/19 by adverse possession.
  2. 2 Whether the applicant's possession was open, notorious, exclusive, continuous, and uninterrupted for the statutory period.
  3. 3 Whether the respondent or its predecessors took any steps to interrupt the applicant's possession.

Ratio Decidendi

The court found that the applicant and its predecessors had been in open, exclusive, and uninterrupted possession of the disputed 0.0153 hectares of LR No.209/785/19 since 1938. The respondent and its predecessors failed to take any effective steps to assert their rights or interrupt this possession, even after the dismissal of the 1981 suit. The applicant satisfied all statutory requirements for adverse possession under the Limitation of Actions Act, having possessed the land openly, notoriously, and to the exclusion of the respondent for well over 12 years. The court held that the applicant had acquired title to the portion by adverse possession and was entitled to be registered as...

Court Disposition

judgment_for_applicant

Orders

  • The applicant is declared to have acquired title over a portion of LR No.209/785/19 measuring 0.0153 hectares by adverse possession.
  • The respondent is ordered to transfer 0.0153 hectares out of LR No.209/785/19 to the applicant.