Yago & 6 others v Omolo (Being the the legal representative of the Estate of Mastinus Nyanjwa Majiwa alias Martin Nyanjwa - Deceased & 4 others (Environment and Land Miscellaneous Application 70 of 2021) [2023] KEELC 18911 (KLR) (19 July 2023) (Judgment)

Summary at a glance

Facts

The suit land (11.12 Ha) was registered in the name of the late Francis Atieno Yago (Deceased-1) during adjudication. It is currently registered in the name of the 1st defendant, Seth Otieno Omo-lo.

Issues

• Whether the applicants have had uninterrupted, open, continuous actual possession, occupation, and use of the suit land for over 12 years.
• Whether the applicants are entitled to be registered as proprietors of the suit land in place of the 1st defendant, on account of adverse possession thereof.
• Whether the Deputy Registrar and/or Executive Officer of the court should execute transfer instruments and documents to facilitate the transfer and registration of the whole of the suit land in favour of the applicants.
• Who shall pay the costs of the suit.

Reasoning

The court held that the applicants have had continuous possession of the land for over 12 years, constituting adverse possession.

Outcome

The court granted the applicants' application for registration of the suit land in their names.

Orders

• Grant an order of perpetual injunction restraining the 1st respondent (the 1st defendant) from interfering with the applicants' peaceful possession and actual occupation of the whole of the suit land.
• Order the Deputy Registrar and/or Executive Officer of the court to execute the transfer instruments and all attendant documents to facilitate the transfer and registration of the whole of the suit land in favour of the applicants.
• Order the court to facilitate the transfer and registration of the whole of the suit land in favour of the applicants.

Remedies

• Perpetual injunction against the 1st defendant.
• Transfer and registration of the whole of the suit land in favour of the applicants.

Authorities cited