Paul Kinyanjui Gicobo v Miricho Githaiga [2019] KEELC 174 (KLR)
- Court
- Environment & Land Court
- Case number
- 174
- Citation
- [2019] KEELC 174 (KLR)
- Decided
- 10 December 2019
The Plaintiff is entitled to be registered as the sole proprietor of the suit land in place of the Defendant.
Facts
The Plaintiff, Paul Kinyanjui Gicobo, claims adverse possession over the suit land (Title Number Ngong/ Ngong/ 705) for 42 years, starting from 1972. He asserts that he and his family have been in physical possession and occupation of the land, planting trees, crops, and constructing houses. The Defendant, Miricho Githaiga, was registered as the owner of the land from 1971 to 2018.
Issues
- Whether the Plaintiff is entitled to the orders sought in the Originating Summons
Reasoning
The Plaintiff presented evidence of continuous, exclusive, and uninterrupted physical possession of the land for 42 years. The local Chief confirmed that the Plaintiff's family members have resided on the land without opposition.
Outcome
In favor of the Plaintiff
Orders
- The Plaintiff be declared to have become entitled by adverse possession over twelve (12) years of all that piece or parcel of land known as Title Number Ngong/ Ngong/ 705 registered under the Registered Land Act, Chapter 300 of the Laws of Kenya (repealed) and situate in Kajiado County (the Suit Premises).
Remedies
- The Plaintiff be registered as the Sole Proprietor of the Suit Premises in the place of MIRICHO GITHAIGA, the Defendant in whose favour the Suit Premises is registered.
Authorities cited
Legislation (1)
- Limitation of Actions Act, Chapter 22 of the Laws of Kenya
Cases cited (2)
- Wambugu V Njuguna (1983) KLR 173
- Haro Yonda Juaje V Sadaka Dzengo Mbauro & Another (2014) eKLR
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