Livingstone Jason Mukoya Ogongo & 3 others v George William Okello & 3 others [2017] KEELC 1786 (KLR)
- Court
- Environment & Land Court
- Case number
- 1786
- Citation
- [2017] KEELC 1786 (KLR)
- Decided
- 27 September 2017
The plaintiffs' claim of adverse possession is dismissed as the certainty of ownership and physical location of the land being claimed was not clear until the survey was done in 1997, and the minimum period for adverse possession had not lapsed by the time the case was filed in 2005.
Facts
The plaintiffs claim ownership of parts of Land Parcel No. SAMIA/BUDONGO/613 by adverse possession, alleging continuous possession for over 30 years. The defendants claim adverse possession was based on misleading information and that the plaintiffs had other land. The land was originally registered in the names of deceased individuals, and the plaintiffs claim they were beneficiaries of the original owners' generosity.
Issues
- Whether the plaintiffs have established adverse possession over the land
- Whether the defendants have a good title to the land
Reasoning
The court found that the plaintiffs' claim cannot hold because the certainty of ownership and physical location of the land being claimed was not clear until the survey was done in 1997, and the minimum period for adverse possession had not lapsed by the time the case was filed in 2005.
Outcome
The plaintiffs' claim of adverse possession is dismissed.
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