Robert Ouma Oduori v Thomas Muka Maulo & 2 others [2015] KEELC 405 (KLR)

Facts

The Plaintiff claimed adverse possession of land parcel Bukhayo/Matayos/3116, which was part of Bukhayo/Matayos/943. The Plaintiff took possession in 1970 with permission from the 1st Defendant, who was the registered proprietor. The Plaintiff's possession became adverse in 1975, and by 1987, he had been in occupation for over 12 years, acquiring rights of an adverse possessor.

Issues

1. Whether the Plaintiff has been in exclusive, peaceful, open and uninterrupted occupation and possession of the suit land for over 12 years.
2. Whether the Plaintiff’s occupation and possession of the suit land was as a licensee and if so when the license was terminated.
3. Whether the Plaintiff has acquired rights of an adverse possessor over the suit land and if so whether the Defendants' rights over the suit land have been extinguished.
4. Whether the Plaintiff should be registered as the proprietor of the suit land by virtue of section 7 of the Limitation of Actions Act Chapter 22 of Laws of Kenya.

Reasoning

The Plaintiff's possession was under a license from the 1st Defendant from 1970 to 1975, which became adverse in 1975. By 1987, the Plaintiff had been in occupation for over 12 years, acquiring rights of an adverse possessor. The 1st Defendant lost the right to recover the land by the application of section 7 of the Limitation of Actions Act. The 2nd Defendant's title to the suit land is hereby declared extinguished.

Outcome

The Plaintiff's claim is upheld, and he is registered as the proprietor of the suit land Bukhayo/Matayos/3116.

Authorities cited