Sammy Mutuku Mbusya v Patrick Kiparty Wakimwa & another [2020] KEELC 2008 (KLR)
- Court
- Environment & Land Court
- Case number
- 2008
- Citation
- [2020] KEELC 2008 (KLR)
The sale of the land was found to be null and void due to the invalidity of the purported Power of Attorney. The Plaintiff's claim for adverse possession was also dismissed.
Facts
The Plaintiff claimed to have purchased land known as Machakos/Matuu/4154 from the 1st Defendant, but the 1st Defendant had already registered the land in his name. The Plaintiff alleged that the 1st Defendant sold the land to the 2nd Defendant without proper documentation.
Issues
- Validity of the purported Power of Attorney
- Plaintiff's claim for adverse possession
Reasoning
The court found the Power of Attorney to be invalid and not registered, thus not binding. The Plaintiff's claim for adverse possession was rejected as he did not demonstrate continuous and uninterrupted possession for more than 12 years.
Outcome
The Plaintiff's claim for permanent injunction, declaration of ownership, and adverse possession was dismissed.
Orders
- The Plaintiff's claim for permanent injunction was dismissed.
- The Plaintiff's claim for declaration of ownership was dismissed.
- The Plaintiff's claim for adverse possession was dismissed.
Authorities cited
Legislation (1)
- Land Registration Act
Cases cited (4)
- Francis Mwangi Mugo vs. David Kamau Gathongo (2017) eKLR
- Stephen Njihia Mbugua Stephen Kihara Muchui & 2 Others (2015) eKLR
- Alice Chemutai Too vs. Nickson Kipkimu Korir & 2 Others (2015) eKLR
- Nahashon Muriithi Jeremiah vs. Nelson Mwangi Kinguru (2015) eKLR
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