Lusenaka & another v Omocha (Civil Appeal 134 of 1993) [1994] KECA 101 (KLR) (1 December 1994) (Judgment)

Facts

In 1964, Eliud Nyongesa was allocated plot No 204 at Kamakoiwa Settlement Scheme in Bungoma district. The 1st appellant, Eliud Nyongesa, was unable to pay for the plot and asked Nathan Omocha to pay the fees and take over the plot. Nathan Omocha paid Shs 302 as deposit and Shs 102 to the 1st appellant. Nathan Omocha claimed adverse possession and title to the plot from 1964 to 1987. In 1987, Nathan Omocha brought two suits in Kakamega and Eldoret, claiming adverse possession and title to the plot.

Issues

1. Whether Nathan Omocha acquired title to the plot through adverse possession.
2. Whether the 2nd appellant, Onesmus Muchai Waweru, acquired title to the land through the 1st appellant's sale agreement.

Reasoning

The court held that land owned by the Settlement Fund Trustees (SFT) is not land owned by the Government. The 1st appellant's title was extinguished by Nathan Omocha's adverse possession. The 2nd appellant's claim was dismissed as he was an innocent purchaser for value.

Outcome

Appeal dismissed with costs.

Authorities cited