RWN alias RWM v GWN (Environment and Land Case 62 of 2018) [2022] KEELC 3822 (KLR) (5 May 2022) (Judgment)
- Court
- Environment & Land Court
- Case number
- 3822
- Citation
- [2022] KEELC 3822 (KLR)
- Decided
- 5 May 2022
The court found in favor of the Plaintiff, RWN, on the issue of adverse possession.
Facts
The Plaintiff, RWN, claimed adverse possession of a land parcel (LR. No. Nyandarua/Oljoro Orok Salient/xxx) measuring approximately 2.6 hectares. She alleged that she had been allocated the land by the Settlement Fund Trustees (SFT) in 1987 and had taken possession of it, but was unable to obtain a title deed due to the Defendant, GWN, acquiring a title deed in 1996. The Plaintiff stated that she had been in open, peaceful, and uninterrupted possession of the land until July 2018 when the Defendant forcibly evicted her caretaker from the property. The Defendant claimed that she was the registered proprietor of the land, acquired it from SFT in 1996, and had been in possession since then.
Issues
- Whether the Plaintiff has proved her claim for adverse possession of the suit property.
- Who should bear the costs of the suit.
Reasoning
The court considered the evidence and concluded that the Plaintiff had acquired adverse possession of the suit property.
Outcome
In favor of the Plaintiff, RWN
Orders
- LR. No. Nyandarua/Oljoro Orok Salient/xxx should forthwith be registered in the name of RWN and the Defendant be ordered to sign all necessary transfer instruments in her favour.
- The District Land Registrar Nyandarua should dispense with the production of the original title deed for LR.No.Nyandarua/Oljoro Orok Salient/xxx while transferring the land to the Plaintiff.
- The court dismissed the Defendant's claim for costs of the suit.
Remedies
- Registration of LR. No. Nyandarua/Oljoro Orok Salient/xxx in the name of RWN.
- Order for the Defendant to sign transfer instruments in RWN's favor.
- Dispensing with the production of the original title deed for LR.No.Nyandarua/Oljoro Orok Salient/xxx while transferring the land to RWN.
Authorities cited
Legislation (2)
- Limitation of Actions Act (Cap.22)
- Civil Procedure Rules, 2010
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