Wambugu v Wanjeru (Sued in her personal and representative capacities as the legal administrator of the Estate of Wambugu Ngera - Deceased) (Environment & Land Case 2 of 2020) [2023] KEELC 18198 (KLR) (16 June 2023) (Judgment)

Summary at a glance

Facts

The Plaintiff, Joseph Wang’Ondu Wambugu, claims adverse possession over a 0.1 acre portion of land known as Othaya/Kihugiru/398, which was registered in the name of Wambugu Ngera (deceased). The Defendant, Cecilia Thongori Wanjeru, is the legal administrator of Wambugu Ngera's estate. The Plaintiff claims he has been in possession of the land since 1998, while the Defendant disputes this and claims the Plaintiff's claim is based on a 1992 Succession Cause.

Issues

• Whether the Plaintiff has become entitled to the 0.1 acres by adverse possession.
• Whether the Defendant's title to the 0.1 acres has been extinguished by the Plaintiff's adverse possession.
• Whether an order should be issued to cancel the name of the registered proprietor and register the Plaintiff as the registered proprietor.

Reasoning

The Court found that the Plaintiff had a continuous and uninterrupted possession of the land since 1998, which was not challenged by the Defendant. The Court also noted that the Defendant's claim was based on a Succession Cause filed in 1992, which did not affect the Plaintiff's claim of adverse possession.

Outcome

In favor of the Plaintiff

Orders

• Order to cancel the name of the registered proprietor and register the Plaintiff as the registered proprietor

Authorities cited