Penina Nkirote v James M’Itonga Miringa [2019] KEELC 978 (KLR)

Summary at a glance

Facts

The plaintiff, Penina Nkirote, claimed adverse possession of a parcel of land (LR NO. NKUENE/NKUMARI/1604) in Nkuene, which was previously owned by her late husband, Ngaku Mariene. Ngaku entered into a sale agreement with the defendant, James M'Intonga Miringa, on 24/10/2000, but the land was never transferred to Ngaku's name. The plaintiff claimed she had been in continuous possession of the land since 2000.

Issues

• Whether the plaintiff has established adverse possession of the land
• Whether the defendant's defense of a loan owed to Agricultural Finance Corporation (AFC) is valid

Reasoning

The court found that the plaintiff had taken possession of the land immediately upon the sale agreement and had maintained continuous possession for over 12 years. The defendant's defense of a loan owed to AFC was not supported by evidence.

Outcome

In favor of the plaintiff

Orders

• A declaration that the plaintiff has had open, continuous peaceful and uninterrupted possession of one (1) acre of the land for over twelve (12) years
• The plaintiff shall be registered as the proprietor of the one (1) acre which she occupies
• The defendant shall cause the excision and transfer to the plaintiff as proprietor of the 1 acre within LR No NKUENE/NKUMARI/1604 which the plaintiff occupies
• Each party shall bear their own costs of this suit

Remedies

• Transfer of ownership of the land to the plaintiff