Samson Kamande Njora v Benard Kangethe Njau [2019] KEELC 1055 (KLR)

Facts

The Plaintiff claims adverse possession over 0.5 acres of land sold by the Defendant, who had no registrable interest. The Plaintiff entered into the land through purchase in 1996 and was put in possession in 1996. The Plaintiff claims the suit was filed in 2017, 10 years later, which is less than the 12-year mandatory period.

Issues

1. Whether the judgment of the court dated 31.07.2018 should be reviewed, vacated, and set aside
2. Whether the Plaintiff's suit should be allowed as prayed in the originating summons
3. Whether the application for review was made without undue delay

Reasoning

The court found that the Plaintiff's claim of adverse possession was based on an arithmetical error in the computation of the period alleged to prove adverse possession. The judgment dated 31.07.2018 is corrected, but the final decision remains as determined on that date.

Outcome

The application is dismissed.

Authorities cited