Wairimu Mburu v Chege Thaiya [2019] KEELC 3968 (KLR)

Facts

The Plaintiff filed an Originating summons claiming adverse possession of land LOC5/MIRIRA/783, seeking to establish her right to the land by adverse possession. The Plaintiff and her husband occupied the land as a worker and spouse of the worker respectively from 1972 to 2007.

Issues

1. Whether the Plaintiff can claim adverse possession of the land
2. Whether the Plaintiff's previous occupation can be divorced from her husband's occupation

Reasoning

The Plaintiff and her husband occupied the land as a worker and spouse of the worker respectively from 1972 to 2007, with the Plaintiff's husband's occupation being under a license from the Defendant. The Plaintiff's claim is premature as the statutory period of 12 years has not been met.

Outcome

Dismissed

Authorities cited