Orita Kemunto Obara v Hamisi Omari Boge [2018] KEELC 86 (KLR)

Summary at a glance

Facts

The plaintiff, Orita Kemunto Obara, claims adverse possession of land parcel No. Suna East/Wasweta 1/3325, which is a sub-division of land parcel No. Suna East/Wasweta 1/2997. She bought the land from deceased Ochieng Orwa in 1974 and has been in possession and occupation of it uninterruptedly since then.

Issues

• Has the plaintiff been in open and uninterrupted occupation of the land for more than 12 years?
• Has the plaintiff acquired title to the land by adverse possession?
• Can the defendant be compelled to transfer the land to the plaintiff?

Reasoning

The court considers the plaintiff's continuous and uninterrupted possession of the land since 1974, the defendant's failure to rectify the anomaly, and the plaintiff's proof of adverse possession. The court finds that the defendant's possession was open and notorious, and the plaintiff has notice of all matters.

Outcome

In favor of the plaintiff

Orders

• A declaration that the plaintiff has acquired by adverse possession an absolute and indefeasible title to the suit land.
• A declaration that the plaintiff is entitled to an order under section 38 of the Limitation of Actions Act to be registered as an absolute and indefeasible owner of the suit land.
• A declaration that the defendant holds the suit land in trust for the plaintiff.
• The plaintiff shall have costs of the suit.

Remedies

• Transfer of the suit land to the plaintiff
• Registration of the plaintiff as the owner of the suit land
• Entry of the plaintiff's name in the land register

Authorities cited