Creistina Ogur Ogot v Joshua Nyangacha Abonyo & 5 others [2020] KEELC 3387 (KLR)
- Court
- Environment & Land Court
- Case number
- 3387
- Citation
- [2020] KEELC 3387 (KLR)
- Decided
- 12 February 2020
The court declares that the defendants' rights to recover a portion of LR number Kanyamkago/Kamgundho/7 measuring 8 acres is barred under the Limitation of Actions Act Chapter 22 Laws of Kenya and their title thereto extinguished.
Facts
The plaintiff, Creistina Ogur Ogot, claims to have acquired title to the suit property by adverse possession. She claims to have lived on the property since 1959, while the defendants claim the property was jointly registered in the names of the deceased father of the 1st defendant and the 2nd defendant.
Issues
- The doctrine of adverse possession dictates that the plaintiff must be in open and exclusive possession of the land for a period exceeding twelve years.
- The defendants claim the plaintiff's possession was not peaceful and was disputed by the area chief and the District Commissioner.
Reasoning
The court found that the plaintiff had been in open and exclusive possession of the land for a period exceeding twelve years, and that the defendants' possession was not peaceful.
Outcome
The plaintiff is registered as the proprietor of a portion of land parcel No. Kanyamkago/Kamgundho/7 measuring 8 acres in place of the defendants.
Orders
- Order restraining the defendants from interfering with the plaintiff's peaceful possession and occupation of the said portion of land.
- Order that the plaintiff be registered as the proprietor of the land.
- Order that the defendants bear the costs of the originating summons.
Remedies
- Registration of the plaintiff as the proprietor of the land.
- Restraining order against the defendants.
Authorities cited
Legislation (2)
- Limitation of Actions Act Chapter 22 Laws of Kenya
- Land Registration Act (LRA) 2016 (2012)
Cases cited (5)
- Galaxy Paints Company Ltd –vs- Falcon Grounds Ltd (2002) 2 EA 385
- Great Lakes Transport Company (U) Ltd –vs- Kenya Revenue Authority (2009) KLR 720
- Godfrey Shimonya Peter and 3 others –vs- Mary Anyango Ameka and another (2018) eKLR
- Mate Gitabi –vs- Jane Kabubu Muga and another Nyeri Civil Appeal No. 43 of 2015 (UR)
- Murunga Kabanga and 2 others –vs- Hannah Wairimu Gitau and another (2019) eKLR
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