Doris Matha Wachira & another v Emily Nuna Ngaruiya [2021] KEELC 4306 (KLR)
- Court
- Environment & Land Court
- Case number
- 4306
- Citation
- [2021] KEELC 4306 (KLR)
- Decided
- 12 February 2021
The plaintiffs have established adverse possession and the defendant’s title has been extinguished. The land registration is cancelled, and plaintiffs are registered as owners.
Facts
Doris Matha Wachira and James Ngaruiya Koinange, plaintiffs, sought to establish adverse possession over land parcel MWERUA/KIANDAI/282, which was originally registered in the name of Joseph Murage Ngaruiya (deceased). The plaintiffs claimed continuous and uninterrupted possession since 1978, while the defendant, Emily Nuna Ngaruiya, claimed registration through a succession cause.
Issues
- Whether plaintiffs have acquired L.R. No. MWERUA/KIANDAI/282 by adverse possession
- Whether defendant’s title to the land has been extinguished
- Whether plaintiffs are entitled to be registered as owners of the land
Reasoning
The court applied the doctrine of adverse possession, finding that plaintiffs have been in continuous and uninterrupted possession of the land for more than 12 years, meeting the legal threshold.
Outcome
Judgment in favor of plaintiffs, allowing them to acquire the land by adverse possession and cancelling the defendant's registration.
Orders
- Cancellation of the defendant's registration as owner of the land
- Registration of plaintiffs as owners of the land
Remedies
- Cancellation of the defendant's registration
- Registration of plaintiffs as owners
Authorities cited
Legislation (1)
- Adverse Possession Act
Cases cited (1)
- Mtana Lewa Vs Kahindi Ngala Mwangandi (2005) e K.L.R.
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