J N N v E W K & another [2017] KEELC 293 (KLR)

Facts

The Applicant claims that the land parcel was jointly owned by him and the 1st Respondent, and that he had spousal rights over the land prior to its sale. The 1st Respondent denies these claims and states that she purchased the land solely and fraudulently registered it in her name.

Issues

1. Whether the land parcel was jointly owned by the Applicant and the 1st Respondent
2. Whether the Applicant had spousal rights over the land prior to its sale
3. Whether the 1st Respondent should be deemed to have been registered as the proprietor of the land in trust for the Applicant
4. Whether the restrictions and/or caution placed against the land by the Applicant were wrongly and/or fraudulently removed
5. Whether the sale of the land to the 2nd Respondent was fraudulent
6. Whether the sale and all consequential transactions should be declared unlawful
7. Whether the Applicant had acquired a beneficial and registrable interest against the land by virtue of adverse possession
8. Whether the court should order the rectification of the register by cancellation of the 2nd Respondent as the registered owner and registration of the Applicant as the lawful owner

Reasoning

The Applicant failed to establish his case against the Respondents. The court found that the Applicant did not have exclusive possession of the suit property for at least 12 years following the 1st Respondent's move out, and thus his claim for adverse possession was inadequate. The court also found that the Applicant did not have any other interest over the suit property by virtue of any other written law.

Outcome

Appeal dismissed

Authorities cited