Marion Kaari Mbui v Elisha Mbogo Nthiga [2018] KEELC 796 (KLR)
- Court
- Environment & Land Court
- Case number
- 796
- Citation
- [2018] KEELC 796 (KLR)
- Decided
- 25 October 2018
The court found that the Plaintiff has demonstrated all the elements of adverse possession and is entitled to the orders sought.
Facts
The Plaintiff, Marion Kaari Mbui, claimed adverse possession of land parcels Ngandori/Kiriari/4236, 4237, and 4238, which were sub-divisions of Ngandori/Kiriari/453. The Defendant, Elisha Mbogo Nthiga, claimed that the Plaintiff had no adverse possession due to his father's succession proceedings.
Issues
- Whether the Plaintiff has acquired the Title to land parcel numbers Ngandori/Kiriari 4236, 4237 and 4238 by way of adverse possession.
- Whether the Plaintiff is entitled to the orders sought in her amended originating summons.
- Whether the Plaintiff is entitled to costs of the suit.
Reasoning
The court ruled that the Plaintiff had continuous, uninterrupted, and exclusive possession of the land parcels for over 50 years, satisfying the statutory minimum of 12 years since the originating summons was filed.
Outcome
The Plaintiff's originating summons was allowed, and the Defendant's title to the land parcels was extinguished. The Plaintiff was declared the proprietor of the land parcels by way of adverse possession.
Orders
- The Defendant’s title to land parcel no. Ngandori/Kiriari/453 has been extinguished.
- A declaration that the Plaintiff has acquired Title Nos. Ngandori/Kiriari 4236, 4237 and 4238 by way of adverse possession.
- That the name of Elisha Mbogo Nthiga shall be cancelled and/or deleted from the register for Title Nos. Ngandori/Kiriari/4236/4237 and 4238 by the Land Registrar, Embu.
- That the Plaintiff, Marion Kaari Mbui, shall be registered as the proprietor of Title Nos. Ngandori/Kiriari/4236, 4237 and 4238 by way of adverse possession by the Land Registrar, Embu and Title Deeds to the said parcels of land issued to her.
Remedies
- The Plaintiff is declared the proprietor of the land parcels by way of adverse possession.
- The Defendant's title to the land parcels is extinguished.
Authorities cited
Legislation (2)
- Limitation of Actions Act
- Civil Procedure Rules, 2010
Cases cited (1)
- Hussein Janmohamed & Sons Vs Twentsche Overseas Trading Co. Ltd
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