James Kangethu Njoroge v C. Ruthman & another [2016] KEELC 842 (KLR)

Facts

The Plaintiff filed an originating summons seeking an order that he has acquired six acres of land (suitland) by adverse possession. The suitland is registered in the name of the deceased, Giovanni Theodoro Sovic. The Defendants were not served with summons and the hearing proceeded by formal proof.

Issues

1. Whether the Plaintiff can maintain a claim for adverse possession against persons who are not the title holders.
2. Whether the Plaintiff can file a claim against the deceased's daughter who is not an administrator of the estate.

Reasoning

The Plaintiff filed a photocopy of a title which was certified on 2012 as a true copy of the original. The suitland is still in the name of the deceased, and the Plaintiff cannot file a claim against persons who are not the administrators of the estate of the deceased.

Outcome

The Plaintiff's claim for adverse possession is dismissed.