William Kimani Gichira v Edith Njeri Chege (Sued as the Administrator of the Estate of Harris M.C Mwangi) [2018] KEELC 246 (KLR)

Summary at a glance

Facts

The Plaintiff claims adverse possession of land previously owned by his deceased brother, Joseph Marubu Njoroge. The Defendant, Edith Njeri Chege, is the administrator of the estate of Harris M.C Mwangi, who purchased the land from Joseph Marubu Njoroge in 1997.

Issues

• Whether the Plaintiff has acquired an absolute title to the land by adverse possession.
• Whether the Defendant's husband's acquisition of the land in 1997 interrupted the Plaintiff's adverse possession rights.

Reasoning

The Court found that the Plaintiff's adverse possession rights had accrued and vested in him by 2014, and that the Defendant's husband's acquisition of the land did not interrupt the running of time in adverse possession. The Court also noted that the green card's prohibitory order was unclear and did not prohibit the Plaintiff's adverse possession rights.

Outcome

The Plaintiff's claim is successful.

Orders

• It is hereby declared that the Applicant has acquired ownership by way of adverse possession an absolute title to the land title number LOC.11 /MUCHUNGUCHA/1915.
• The Respondent/Defendant be and is hereby ordered to execute all documents and take steps necessary to effect transfer to the Applicant land parcel no. LOC.11 /MUCHUNGUCHA/1915 to the Plaintiff.
• In default of b) above the said documents be executed by the Deputy Registrar of this Honourable Court.
• Each party to bear their own costs of the suit.

Remedies

• Declaration of ownership by adverse possession.
• Transfer of land to the Plaintiff.

Authorities cited