Judith Walekhwa v Ronald Olunga & 2 others [2020] KEELC 3072 (KLR)

Facts

Judith Walekhwa and her late husband Gabriel Walekhwa Olunga have lived on the suit land since 1981, bought by the deceased's father Olunga Makooba from the Settlement Fund Trustee in 1965. ANZELIMO RAPANDO OLUNGA registered himself as the proprietor of the land in 1983 but was later dismissed from his case in 1998. The plaintiff claims adverse possession.

Issues

1. Whether the plaintiff has been in occupation of the suit land openly peacefully and continuously for a period exceeding 12 years.
2. Whether the defendant's right to recover the suit land is barred under the Limitation of Actions Act.
3. Whether the defendants' titles to the suit land have been extinguished by operation of the law.
4. Whether the plaintiff should be registered as the proprietor of the suit land in place of the defendants by way of adverse possession.
5. Whether an order can be issued restraining the defendants from interfering with the plaintiff's possession.
6. Whether the Deputy Registrar and/or Executive Officer of the court be directed to execute transfer instruments to facilitate the transfer of the suit land in favor of the plaintiff.

Reasoning

The plaintiff's claim to adverse possession is dismissed because the occupation was interrupted by a court suit and was not peaceful. The occupation was also not continuous for more than 12 years.

Outcome

The plaintiff's suit is dismissed.

Authorities cited