Elizabeth Ntinyari v Joyce Kaburo Rauga (being a trustee of Judy Rauga Gichu, Edward Mbaya Rauga, Ronald Muriithi Rauga and Nicholas Mutwiri Rauga) [2021] KEELC 3667 (KLR)
- Court
- Environment & Land Court
- Case number
- 3667
- Citation
- [2021] KEELC 3667 (KLR)
- Decided
- 21 April 2021
The court finds that the plaintiff has proofed her case on a balance of probabilities and declares that the plaintiff is entitled to the suit land parcel NYAKI/GIAKI/KIBURINE/12 by way of adverse possession.
Facts
The plaintiff, Elizabeth Ntinyari, claims continuous and peaceful possession of land parcel NYAKI/GIAKI/KIBURINE/12 since 1974. She has established her home there and developed the land with permanent and semi-permanent buildings.
Issues
- Whether the plaintiff has acquired title to the suit land by way of adverse possession
Reasoning
The court follows the legal definition of adverse possession as described in Mtana Lewa v Kahindi Ngala Mwagandi [2015] eKLR, where possession must be continuous, peaceful, and without the owner's consent for 12 years.
Outcome
Plaintiff is entitled to the suit land parcel NYAKI/GIAKI/KIBURINE/12 by way of adverse possession.
Orders
- The defendant is directed to execute the necessary documents to effect the suit land into the name of the plaintiff.
- In default, the Deputy Registrar of this court is authorized to sign such documents.
Remedies
- Granting of title to the plaintiff
Authorities cited
Cases cited (1)
- Mtana Lewa v Kahindi Ngala Mwagandi [2015] eKLR
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