Monyenye Agao (suing as the administrator of the estate of the late Agao Monyenye) v Orina Murwa (suing as the administrator of the estate of Murwa Ayiem) [2016] KEELC 31 (KLR)

Facts

The plaintiff claims adverse possession over a portion of land (LR No. Wanjare/Bogitaa/1060) measuring 1.1 hectares, which he alleges he has occupied and possessed openly, peacefully, and continuously for over 35 years. The defendant is the administrator of the estate of the deceased, and the plaintiff seeks a declaration that the defendant's rights to the land are barred and his title extinguished.

Issues

1. Declaration that the defendant's rights to recover a portion measuring 1.1Ha of LR No. Wanjare/Bogitaa/1060 is barred under the Limitation of Actions Act, Cap 22 of Laws of Kenya and his title thereto extinguished.
2. Order that the plaintiff be registered as the proprietor of the portion measuring 1.1Ha of LR No. Wanjare/Bogitaa/1060 in place of the defendant.
3. Order restraining the defendant from interfering with the plaintiff's possession of the suit property.
4. Costs of the originating summons be borne by the defendant.

Reasoning

The court found the plaintiff's suit incompetent due to the defendant not being the administrator of the deceased estate, and the plaintiff is still entitled to bring a fresh suit against the administrator of the deceased estate.

Outcome

Struck out