Simon Wang’anya Barasa (suing on his behalf and as Leg. Rep of the estate of Jeremiah Mukwana Barasa) v Dennis Mumia Omenda [2018] KEELC 671 (KLR)
- Court
- Environment & Land Court
- Case number
- 671
- Citation
- [2018] KEELC 671 (KLR)
Summary at a glance
TypeLand AdjudicationPostureRespondent did not appear, case was handled as an ordinary applicationCorampresiding judge
The Applicant is declared to have acquired ownership and title to the disputed land by adverse possession.
Facts
The Applicant's late father purchased a portion of land measuring 2.0Ha from the Respondent's late father, who was registered owner. The Applicant has lived on the land since 1984 without interruption.
Issues
- adverse possession
- title acquisition
- registration of title
Reasoning
The Applicant's continuous, open, and notorious possession of the land since 1984, without interruption, meets the requirements of adverse possession. The Respondent's father and Respondent discontinued possession in 1984, allowing the Applicant to claim ownership.
Outcome
The Applicant is declared the owner of the disputed land.
Orders
- Respondent to sign necessary documents for subdivision and transfer of land
- Respondent to meet costs
Remedies
- Declaration of ownership
- Subdivision and transfer of land
Authorities cited
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