Nyanjom (Suing as the Administrator of the Estate of Dan Jacob Nyanjom) & another v Oduor & 2 others (Environment & Land Miscellaneous Case 6 of 2021) [2023] KEELC 17533 (KLR) (25 May 2023) (Judgment)
- Court
- Environment & Land Court
- Case number
- 17533
- Citation
- [2023] KEELC 17533 (KLR)
- Decided
- 25 May 2023
The plaintiffs failed to establish adverse possession due to the property being registered in the defendants' names since 2008, and the suit was filed only 5 years after the registration.
Facts
The plaintiffs claim adverse possession of 1.5 ha of land parcel East Gem/Uranga/4, purchased from the defendants in 1970. The defendants dispute the claim, stating the plaintiffs entered the property in 1970 but were merely lessees and the property was later used as a police post.
Issues
- Whether the plaintiffs as adverse possessors bought the land by adverse possession
- When the property was registered and when the plaintiffs entered the suit property
Reasoning
The court ruled that adverse possession cannot be claimed against a registered owner, and the plaintiffs' claim was based on a property that had been registered in the defendants' names since 2008. The plaintiffs' claim was also filed only 5 years after the registration.
Outcome
The plaintiffs' claim for adverse possession was dismissed.
Authorities cited
Legislation (2)
- Limitation of Actions Act
- Land Registration Act
Cases cited (2)
- Wambugu vs Njuguna
- Ruth Wangari Kanyagia vs Josephine Muthoni Kinyanjui
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