David Orina Sibwoga v Salome Kwamboka Omenge & another [2021] KEELC 2165 (KLR)
- Court
- Environment & Land Court
- Case number
- 2165
- Citation
- [2021] KEELC 2165 (KLR)
- Decided
- 22 July 2021
The Court finds that the Plaintiff has established adverse possession over the land and orders the Defendants to subdivide the suit property for the Plaintiff's use.
Facts
The Plaintiff, David Orina Sibwoga, claims to have purchased a portion of land measuring 58 by 118 square feet from the late Omenge Osoro and his wife Salome Kwamboka Omenge. He claims to have occupied the land for over 30 years and seeks a declaration of adverse possession and a subdivision of the land.
Issues
- Whether the Plaintiff has established adverse possession over the land
Reasoning
The court found that the Plaintiff had occupied the land for more than 12 years and that the Defendants' agreement with the late Omenge Osoro was for the sale of the land to the Plaintiff, not for construction of houses.
Outcome
Adverse possession established, land to be subdivided
Orders
- Order for subdivision of the suit property
Remedies
- Declaration of adverse possession
- Subdivision of the suit property
Authorities cited
Legislation (1)
- Limitation of Actions Act
Cases cited (2)
- Wilson Kazungu Katana & 101 others v Salim Abdalla Bakshwein & another [2015] eKLR
- Public Trustee v Wanduru Ndegwa Civil Appeal NO. 73 OF 1982 [1984] eKLR
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