Registered Trustee Catholic Diocese of Murang’a v Micere Njau & 3 others [2022] KEELC 1929 (KLR)

Facts

The plaintiff, the Catholic Diocese of Murang’a, claims adverse possession of land parcel INOI/KERUGOYA/194, which was previously owned by NJAU NDUNA (deceased). The plaintiff alleges continuous occupation since 1965, while the defendants claim adverse possession was interrupted by NJAU NDUNA's charge to AFC in 1963.

Issues

1. Whether the plaintiff has become entitled to the proprietorship of land parcel No. INOI/KERUGOYA/194 by prescription.
2. Whether NJAU NDUNA had a valid title to the land parcel which could be inherited by the defendants.
3. Whether the plaintiff has proved their case on a balance of probabilities.
4. Who should pay the costs.

Reasoning

The plaintiff has been in occupation of the suit land since 1965, a period of 56 years, and has acquired the suit property parcel INOI/KERUGOYA/194 by the doctrine of adverse possession. The defendants' claim to the suit property parcel INOI/KERUGOYA/194 would amount to unjust enrichment as the deceased had already been compensated with land parcel INOI/KAMONDO/628.

Outcome

The plaintiff has become entitled to the proprietorship of land parcel No. INOI/KERUGOYA/194 by prescription.

Authorities cited