Rhoda Mongina Ondoro, Thomas Ondoro & Margaret Odoro v Johnstone Nyanyuki Menge (Environment & Land Case 1130 of 2016) [2019] KEELC 1216 (KLR) (23 October 2019) (Judgment)
- Court
- Environment & Land Court
- Case number
- 1216
- Citation
- [2019] KEELC 1216 (KLR)
- Decided
- 23 October 2019
The plaintiff failed to prove his case on a balance of probabilities and the suit is dismissed with costs to the defendants
Facts
The plaintiff claimed to have purchased 12 acres of land parcel No. Gesima Settlement/337 and 2 acres of land parcel Gesima Settlement Scheme/343 from the deceased Stanley Ondoro Boraya. The defendants disputed the sale and claimed the plaintiff had not acquired prescriptive rights due to the lack of evidence of possession for more than 12 years.
Issues
- Whether the plaintiff acquired prescriptive rights over the land
- Whether the sale agreements were valid due to lack of consent from the Land Control Board
Reasoning
The plaintiff's possession of the land was deemed to have been with the permission of the owner due to the sale agreements. However, these agreements became null and void after 6 months due to the lack of consent from the Land Control Board. The plaintiff's claim for adverse possession was premature as the requisite period of 12 years had not lapsed.
Outcome
Dismissed with costs
Authorities cited
Legislation (3)
- Civil Procedure Rules
- Probate and Administration Rules
- Land Control Act, Cap 302 Laws of Kenya
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