Justino Mukami Wanyama v Kitere Wangia [2020] KEELC 26 (KLR)
- Court
- Environment & Land Court
- Case number
- 26
- Citation
- [2020] KEELC 26 (KLR)
- Decided
- 30 April 2020
The court finds that Wanyama has been in exclusive, continuous and uninterrupted possession of the land for a period in excess of 12 years and grants the following orders: Declaration that Wangia holds the land in trust for Wanyama, Wanyama is declared the owner of the land, Wangia is ordered to transfer the land to Wanyama within 30 days, and no orders as to costs.
Facts
Justino Mukami Wanyama claims adverse possession of 1.5 hectares of land parcel No. Bunyala/Nambacha/638 from Kitere Wangia, who registered the land on 25th March, 1970. Wanyama bought a portion of the land in 1988 and has occupied it since 1988.
Issues
- Whether Wanyama has held a portion measuring 27 x 17 footsteps since 26th August, 1988 openly and without interruption for a period of over 12 years.
- Whether the title held by Wangia in respect of the portion measuring 27 x 17 footsteps got extinguished in the year 2000 or thereabout.
- Whether the portion held by Wanyama should be transferred to him after sub-division of title number Bunyala/Nambacha/638.
- Whether the court can grant any order deemed just and fit.
Reasoning
The court considered the Land Registration Act and the case of Elijah Makeri Nyangw’ra v Stephen Mungai Njuguna & Another (2013) eKLR, which established that adverse possession can be established if the possession is continuous and uninterrupted for 12 years.
Outcome
In favor of the plaintiff
Orders
- Declaration that Wangia holds the land in trust for Wanyama
- Wanyama is declared the owner of the land
- Wangia is ordered to transfer the land to Wanyama within 30 days
- No orders as to costs
Remedies
- Declaration of ownership
- Transfer of land
Authorities cited
Legislation (2)
- Land Registration Act
- Elijah Makeri Nyangw’ra v Stephen Mungai Njuguna & Another (2013) eKLR
Cases cited (3)
- Elijah Makeri Nyangw’ra v Stephen Mungai Njuguna & Another (2013) eKLR
- Gerald Muriithi v Wamugunda Muriuki &Another (2010) eKLR
- Francis Gicharu Kariri v Peter Njoroge Mairu, Civil Appeal No. 293 of 2002 (Nairobi)
Loading judgment…