Samuel Kinyanji Gichamba v Kalenjin Enterprises Limited & 2 others [2018] KEELC 3694 (KLR)
- Court
- Environment & Land Court
- Case number
- 3694
- Citation
- [2018] KEELC 3694 (KLR)
- Decided
- 6 March 2018
The plaintiff's claim is dismissed. The court finds that the 2nd and 3rd defendants' title deeds are not subject to challenge and that the plaintiff has not proven his adverse possession claim.
Facts
The plaintiff claims to have bought a half-acre plot from Chirchir Kiplibwop in 1976 and has been in actual occupation since then. The plot was later subdivided and registered under the 2nd and 3rd defendants. The plaintiff sought to have the title deeds of the 2nd and 3rd defendants cancelled and to be declared the rightful owner by adverse possession.
Issues
- Ownership of the land
- Adverse possession claim
Reasoning
The court notes that the plaintiff's case cannot be verified due to the lack of evidence from the register. The plaintiff's continuous occupation claim is also challenged by the presence of a previous occupant, Jane Wangui, who was ordered to vacate. The court also refers to the Land Registration Act, specifically sections 25 and 26.
Outcome
Dismissal of the plaintiff's case
Authorities cited
Legislation (1)
- Land Registration Act
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