Rombo v Ouko & another (Environment & Land Case E003 of 2022) [2023] KEELC 18870 (KLR) (19 July 2023) (Judgment)

Summary at a glance

Facts

The applicant, Joseph Otieno Rombo, claims to have acquired adverse possession of a parcel of land known as Kisumu/Nyahera/1694 for over 12 years. His mother, Jennifer Awuor Rombo, had cultivated the land from the 1960s until 1986.

Issues

• Whether the applicant has acquired title to the land through adverse possession.
• Whether the court should rectify the register by deleting the names of Nora Adhiambo Ouko and Emma Anyango Ouko and substituting the name of Joseph Otieno Rombo as the proprietor of the parcel of land known as Kisumu/Nyahera/1694.
• Whether the court should vest title of the parcel of land in Joseph Otieno Rombo's name and issue him with a title deed.

Reasoning

The court ruled in favor of the applicant based on the continuous and exclusive occupation of the land for over 12 years, starting from the 1960s.

Outcome

In favor of the applicant

Orders

• Rectification of the register by deleting the names of Nora Adhiambo Ouko and Emma Anyango Ouko and substituting the name of Joseph Otieno Rombo as the proprietor of the parcel of land known as Kisumu/Nyahera/1694.
• Vesting title of the parcel of land in Joseph Otieno Rombo's name.
• Issuance of a title deed in respect of the said parcel of land.

Remedies

• Rectification of the register
• Vesting title in Joseph Otieno Rombo's name
• Issuance of a title deed

Authorities cited