Patrick Marai Mungai & 2 others v Afrison Export Import Ltd & another; Official Receiver and Provincial Liquidator Continental Credit Finance Limited (Interested Party) eKLR [2019] KEELC 3335 (KLR)

Facts

The plaintiffs, acting as officials of the Gospel Evangelistic Church of Kenya, claimed adverse possession of 1.8 acres out of LR No. 7879/4, which they had occupied since 1986. The defendants, Afrison Export Import Ltd and Huelands Limited, were registered owners of the land.

Issues

1. Whether the defendants were the registered owners of the suit land.
2. Whether the plaintiffs had locus to institute suit against the defendants.
3. Whether the plaintiffs were in possession of a portion of 1.8 acres out of LR No. 7879/4 and if so, whether such possession was adverse.
4. Whether the plaintiffs had adversely possessed the suit land for a period in excess of 12 years prior to filing the suit, and if so, whether the defendants' title to the land and the mortgagor's rights over the suit land had been extinguished.
5. What reliefs and/or orders should the court make?

Reasoning

The court determined that the plaintiffs were in possession of the land since 1986 and that the possession was adverse. The court also found that the plaintiffs had not adversely possessed the land for a period in excess of 12 years prior to filing the suit, and thus the defendants' title to the land and the mortgagor's rights over the suit land had not been extinguished.

Outcome

The plaintiffs were granted a declaration that they are entitled to be registered as owners of 1.8 acres out of LR No. 7879/4 and an order for the land to be subdivided and vested in the plaintiffs.

Authorities cited