Thomas v Ngugi (Environment & Land Case E003 of 2021) [2024] KEELC 5857 (KLR) (26 August 2024) (Judgment)

Summary at a glance

Facts

The plaintiff, Stephen Nyamoti Thomas, claims adverse possession of land registered under Felis Njeri Ngugi since 1994, alleging continuous possession without interruption for 12 years.

Issues

• Whether the plaintiff has established adverse possession of the land
• Whether the defendant's registration as the land owner is valid

Reasoning

The court held that adverse possession requires proof of both dispossession and discontinuance of possession, not just continuous possession. The plaintiff failed to prove discontinuance of possession by the defendant.

Outcome

Dismissal of the plaintiff's claim

Authorities cited