Odula v Wosianju (Enviromental and Land Originating Summons 7 of 2019) [2024] KEELC 4455 (KLR) (23 May 2024) (Judgment)

Facts

The applicant, Fredric Gigwa Odiulla, claims adverse possession of 2 acres of land in suit land LR No. Bungoma/Kiminini/1, which he alleges his deceased father purchased from the respondent in 1996. The respondent, Titus Wanyonyi Wosianju, claims he was the original owner and was registered as proprietor in 2002.

Issues

1. whether the applicant has acquired title to a portion of two (2) acres comprised in the suit land by way of adverse possession
2. who will bear the Costs of this suit

Reasoning

The court applied the principles of adverse possession under Section 7 of the Limitation of Actions Act, finding that the applicant's father had possession of the land for 12 years, which is the statutory period for adverse possession.

Outcome

The applicant's claim for adverse possession is upheld, and the respondent is ordered to bear the costs of the suit.

Authorities cited