Obiero v Otwenya (Civil Appeal 145 of 2019) [2025] KECA 541 (KLR) (21 March 2025) (Judgment)

Facts

The respondent filed a plaint for a claim of breach of a sale agreement and/or adverse possession against the deceased and the appellant. The deceased and the respondent entered into a sale agreement dated 25th September, 1982, for a portion of 1.00 ha out of land parcel West Kitutu/Mwagichana/1. The purchase price was Kshs. 22,500/=. The respondent paid an initial deposit of Kshs. 22,200/= and cleared the balance of Kshs. 300/= on 12th October, 1982. The deceased later sought and obtained consent to subdivide the land parcel, but declined to attend the subsequent Land Control Board meeting for consent to transfer the land parcel.

Issues

1. Whether the respondent is entitled to a declaration that they are entitled to land parcel West Kitutu/Mwagichana/2548 by way of adverse possession or prescription.
2. Whether the respondent is entitled to an order of specific performance compelling the 2nd defendant to transfer the whole of the land parcel West Kitutu/Mwagichana/2548 to the respondent.
3. Whether the respondent is entitled to costs of the suit.

Reasoning

The Court of Appeal held that the respondent did not establish a case of adverse possession or specific performance due to the deceased's consent to subdivide the land.

Outcome

Appeal dismissed