Opera East Africa Limited v Kamiti Tanners (K) Limited [2020] KEELC 3174 (KLR)
- Court
- Environment & Land Court
- Case number
- 3174
- Citation
- [2020] KEELC 3174 (KLR)
Summary at a glance
TypeAdverse PossessionPosturePlaintiff seeks to be registered as the proprietor of land by adverse possession.CoramC. YANO
The plaintiff's claim for adverse possession is allowed, and the defendant's interest in the land is extinguished. The plaintiff is registered as the proprietor of the land.
Facts
The plaintiff, Opera East Africa Limited, claims adverse possession over a parcel of land in Changamwe North, Mombasa County, which was registered in the name of the defendant, Kamiti Tanners (K) Limited. The plaintiff asserts continuous and exclusive possession for over 12 years.
Issues
- Whether the plaintiff has proved adverse possession over the land
- Whether the plaintiff's claim should be allowed
Reasoning
The court applied the principles of adverse possession, finding that the plaintiff's possession was peaceful, open, and continuous for over 12 years.
Outcome
Plaintiff's claim allowed
Orders
- Defendant's interest in the land extinguished
- Plaintiff registered as the proprietor
- Registrar of titles issues certificate of title in plaintiff's name
- Each party bears its own costs
Remedies
- Registration of title in plaintiff's name
Authorities cited
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