Sammy Mutua Muswii v Njoki Elizabeth Wambugu [2020] KEELC 544 (KLR)

Summary at a glance

Facts

The Plaintiff claimed to have purchased the land from the Defendant on 9th July, 1988, and has been in occupation since then. The Plaintiff's suit was dismissed on the ground that the title document was incomplete.

Issues

• Whether the Plaintiff's suit should be reviewed due to the incomplete title document.
• Whether the Plaintiff has acquired a registrable interest in the land by adverse possession.

Reasoning

The court allowed the Plaintiff's Originating Summons as the Plaintiff's claim was not controverted and a proper, complete title document was now before the court.

Outcome

The Plaintiff's suit is reviewed, and the title for the land is registered in favor of the Plaintiff.

Orders

• The Plaintiff's suit is reviewed.
• The title for L.R. No. 337/488, IR 34879 is registered in favor of the Plaintiff.

Remedies

• The Plaintiff acquires a registrable interest in the land by adverse possession.
• The title for the land is registered in favor of the Plaintiff.

Authorities cited