Cyrus Muriithi Mbau v Gichuhi Githumbi Nyamu [2016] KEELC 509 (KLR)
- Court
- Environment & Land Court
- Case number
- 509
- Citation
- [2016] KEELC 509 (KLR)
- Decided
- 30 September 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal from the original trialCoramB.N. OLAO
Holding
The court declared the plaintiff entitled to the land and ordered it to be excised from the defendant's property and registered in the plaintiff's name.
Facts
The plaintiff claimed adverse possession of a portion of land measuring approximately 0.21 hectares, which he had been in open, exclusive, continuous, and uninterrupted possession for over 12 years. The land was registered in the defendant's name, but the plaintiff had purchased it from Peter Njima Kirori, who had acquired it from J.G. Warui.
Issues
- Whether the plaintiff has established adverse possession of the land
- Whether the plaintiff is entitled to have the land excised from the defendant's property and registered in his name
Reasoning
The court found that the plaintiff had been in continuous possession of the land for over 12 years, which was sufficient to establish adverse possession.
Outcome
In favor of the plaintiff
Orders
- The plaintiff is declared to have become entitled to a portion approximately 0.21 hectares of the parcel of land known as L.R No. MWERUA/KAGIO/2636 by virtue of adverse possession thereof having been in open, exclusive, un-interrupted and continuous occupation of the same for a period of over 12 years.
- The aforesaid portion of 0.21 hectares now part of L.R No. MWERUA/KAGIO/2636 be excised therefrom and the plaintiff be registered as the proprietor thereof in place of Gichuhi Githumbi Nyamu free from all encumbrances.
- Each party to meet their own costs.
Remedies
- Excision of the land portion from the defendant's property and registration in the plaintiff's name
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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