Peter Waswa Wakhisi & 2 others v Fredrick Itela Obwana [2020] KEELC 1273 (KLR)
- Court
- Environment & Land Court
- Case number
- 1273
- Citation
- [2020] KEELC 1273 (KLR)
- Decided
- 30 September 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal from a decision on adverse possessionCoramA. OMOLLO
Holding
The plaintiffs have proved their case on a balance of probabilities and are entitled to their respective portions of the land by way of adverse possession.
Facts
The plaintiffs claimed to have acquired part of land parcel no. SOUTH TESO/ANGOROM/133 in shares of 3, 4, and 2 acres respectively. They alleged they had been in open, quiet, and notorious possession of the land for over 12 years.
Issues
- Whether the plaintiffs have been in open, quiet, and notorious possession of the land for over 12 years.
- Whether the defendant's title to the land became extinguished upon expiry of 12 years from the time the plaintiffs took possession.
- Whether the plaintiffs have acquired title to the land by virtue of adverse possession.
- Whether registration of the defendant as the owner of the whole land should be cancelled and subdivided into four portions for the plaintiffs to be registered as owners of their respective portions.
Reasoning
The plaintiffs demonstrated open and uninterrupted occupation of the parcels claimed for over 12 years, and the defendant's title to the land became extinguished upon expiry of 12 years from the time the plaintiffs took possession.
Outcome
Judgment in favor of the plaintiffs
Orders
- A declaration that the defendant's rights over the 3, 4, and 2 acre portions of L.R SOUTH TESO/ANGOROM/133 occupied and claimed by the plaintiffs have been extinguished by the operation of the law.
- An order that L.R SOUTH TESO/ANGOROM/133 be subdivided into 4 portions of 3, 4, 2, and 3.35 acres with the plaintiffs' 3, 4, and 2 acre portions to be registered in their names.
- An order that the defendant or in default the Deputy Registrar of this Court do execute all relevant documents to transfer the 3, 4, and 2 acre portions in the names of the 1st, 2nd, and 3rd plaintiffs respectively.
- A permanent injunction against the defendant from interfering with the plaintiffs' respective 3, 4, and 2 acre portions.
- Each party to meet their respective costs of the suit.
Remedies
- Subdivision of the land into four portions
- Registration of the plaintiffs' portions
- Execution of relevant documents
- Permanent injunction against interference
Authorities cited
Legislation (1)
- Limitation of Actions Act
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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