Wambugu v Mugi (Environment & Land Case 36 of 2015) [2022] KEELC 4930 (KLR) (28 July 2022) (Judgment)
- Court
- Environment & Land Court
- Case number
- 4930
- Citation
- [2022] KEELC 4930 (KLR)
- Decided
- 28 July 2022
The contract between the plaintiff and defendant was not validly rescinded, and the plaintiff has made a valid claim for adverse possession. The court will order the defendant to transfer the property to the plaintiff.
Facts
The plaintiff, Lydia Mbeca Wambugu, claimed adverse possession of plot No.49 Kangaita Market, which was registered under the defendant, William Gituri Mugi. The defendant had previously sought eviction and a permanent injunction against the plaintiff in a previous case.
Issues
- Whether the contract between the plaintiff and defendant was validly rescinded
- Whether the plaintiff has made a valid claim for adverse possession
- What orders the court should make
Reasoning
The defendant failed to transfer the property to the plaintiff as per the agreement, and the plaintiff provided evidence of paying rent and rates in the defendant's name. The court found that the contract was not rescinded due to lack of evidence of unreasonable delay and the absence of an express stipulation making time of the essence.
Outcome
The defendant is ordered to transfer the property to the plaintiff.
Orders
- The defendant to transfer the property to the plaintiff
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