Peter Munyi Waweru v Kariamburi Kanja Kathendu [2018] KEELC 1361 (KLR)

Facts

The Plaintiff, Peter Munyi Waweru, claimed ownership of a plot of land (Title No. Ngandori/Kathangariri/T.83) from the Defendant, Kariamburi Kanja Kathendu, who had refused to vacate the property since 2000. The Plaintiff alleged that he had purchased the land from the Defendant's brother, Kobe, and that the Defendant had erected structures on the land and committed acts of waste.

Issues

1. Whether the Plaintiff is the registered proprietor of the suit property.
2. Whether the Plaintiff acquired the suit property through purchase from the Defendant's brother.
3. Whether the Defendant is entitled to the suit property under the Limitation of Actions Act.
4. Whether the suit property was initially registered in the name of Kobe on his own behalf and in trust for the Defendant and his siblings.
5. Whether the Plaintiff is entitled to the reliefs sought in the amended plaint.
6. Who shall bear the costs of the suit.

Reasoning

The court determined that the Plaintiff is the registered proprietor and had acquired the property through a valid purchase. The Defendant's claims under the Limitation of Actions Act and adverse possession were not supported by evidence.

Outcome

In favor of the Plaintiff

Authorities cited