Ombidi v Omollo (Environment & Land Case 32 of 2021) [2022] KEELC 13839 (KLR) (31 October 2022) (Judgment)

Facts

The plaintiff, Paul Juma Ombidi, filed a suit claiming adverse possession over land reference number Gem/Kajulu/49, approximately 1.24 hectares in area. The defendant, Bernard Odhiambo Omollo, registered the land in his name. The plaintiff claims adverse possession for more than 12 years.

Issues

1. The parcel of land must be registered in the name of a person other than the applicant.
2. The applicant must be in open and exclusive possession of that piece of land in an adverse manner to the title of the owner.
3. The applicant must be in that occupation for a period in excess of twelve years having dispossessed the owner or there having been discontinuance of possession by the owner.

Reasoning

The court noted that the land was registered in the defendant's name, and the plaintiff has not provided evidence of adverse possession for more than 12 years.

Outcome

The plaintiff's claim for adverse possession is dismissed.

Authorities cited