Wakaria Mboi Njaramwe & another v Loise Kaguu Munge [2013] KECA 308 (KLR)

Facts

The appellants claimed adverse possession to a portion of 0.95Ha (2.5 acres) on LR No. Mutira/Kirunda/390, registered in the name of John Muriithi Kiragu, who was deceased and substituted by Loise Kaguu Munge. The appellants alleged continuous occupation since 1996, while the respondent claimed the land was occupied by the deceased in 1978.

Issues

1. Whether the appellants had entered, utilized and occupied the suit land with the consent of the deceased defendant.
2. Whether the appellants' continuous occupation and possession of the suit land for a period in excess of 39 years was hostile to the title of the substituted defendant and her deceased husband.
3. Whether the appellants' occupation of the portion of the premises was on the basis of a license from the deceased defendant.
4. Whether the appellants entered the suit land in 1986 or when the land had already been transferred to the deceased defendant.
5. Whether the learned Judge erred in finding that the time for purposes of adverse possession started running in March 1999.

Reasoning

The appellants were already in possession of the suit property in 1977 when the deceased respondent was registered as proprietor, and the time for adverse possession began to run. The appellants have been in possession and occupation of a portion of the suit property for an uninterrupted period of 12 years from the time the deceased was registered as proprietor in 1977.

Outcome

Appeal allowed, judgment set aside, adverse possession proven.