Agribina Ciakathia Munyi v James Muchachi [2020] KEELC 2071 (KLR)
- Court
- Environment & Land Court
- Case number
- 2071
- Citation
- [2020] KEELC 2071 (KLR)
- Decided
- 13 February 2020
The court finds merit in the Plaintiff's claim for adverse possession and issues a declaration that the Plaintiff is entitled to be registered as the proprietor of the land.
Facts
The Plaintiff, Agribina Ciakathia Munyi, claimed adverse possession of land titled Gaturi/Githimu/776 since 1993, cultivating and developing it. The Defendant, James Muchachi, could not be served personally, and the Plaintiff sought substituted service through newspaper advertisement.
Issues
- Whether the Plaintiff has demonstrated her claim for adverse possession
- Whether the Plaintiff has been in open, peaceful, continuous and exclusive possession of the land for 12 years
Reasoning
The court accepted the Plaintiff's evidence of open, peaceful, continuous and exclusive possession since 1993, finding that a period of about 25 years had lapsed by the time the Plaintiff filed the summons.
Outcome
The Plaintiff's originating summons is allowed, and a declaration is issued that the Plaintiff is entitled to be registered as the proprietor of the land.
Orders
- A declaration that the Plaintiff, Agribina Ciakathia Munyi, is entitled to be registered as the proprietor of Title NO. Gaturi/Githimu/776 in place of the Defendant, James Muchachi, on account of adverse possession
Remedies
- A declaration of adverse possession
Authorities cited
Legislation (1)
- Limitation of Actions Act (Cap. 22)
Cases cited (2)
- Kasuve Vs Mwaani Investments Ltd and 4 Others [2004] 1 KLR 184
- Wanja Vs Saikwa No. 2 [1984] KLR 284
Loading judgment…