Julius Mworia M’Njogu & 7 others v Grace Karwirwa Mwangi (sued as the administrator of the Estate of Gerald Mwangi Mugo-Deceased) [2021] KEELC 2499 (KLR)

Facts

The plaintiffs claim adverse possession of a 2.62 hectares land in Meru, Kenya, which they have lived on for over 12 years. The defendant, Gerald Mwangi Mugo's administrator, opposed the claim, asserting that the plaintiffs have never been in exclusive possession of the land.

Issues

1. Whether the plaintiffs have acquired title to the suit land by way of adverse possession
2. Whether the defendant is entitled to the prayers in the counter-claim

Reasoning

The court ruled that the plaintiffs have not proven exclusive possession of the land for 12 years, as no built-up houses were found on the land and the plaintiffs did not provide evidence of continuous and uninterrupted possession.

Outcome

The plaintiffs' claim for adverse possession was dismissed.

Authorities cited