Otieno v Onchiri & 2 others (Environment and Land Case E003 of 2023) [2024] KEELC 6857 (KLR) (17 October 2024) (Judgment)

Summary at a glance

Facts

The plaintiff, Otieno, claimed adverse possession of land parcel Siaya/Karapul Ramba/507 registered in the defendants' names. He alleged he bought the land from Daniel Oduor Otieno, who had bought it from the defendants. Daniel died, and Otieno continued living on the land.

Issues

• Whether Otieno proved his adverse possession claim to the required standards.
• What appropriate orders should be granted including an order as to costs.

Reasoning

The court found Otieno's claim of adverse possession valid based on the doctrine of tacking, as there was a continuous and uninterrupted possession of the land for more than 12 years.

Outcome

Otieno is declared the absolute proprietor of the land parcel Siaya/Karapul Ramba/507.

Orders

• A declaration that the title in the names of the defendants has been extinguished by Otieno's adverse possession.
• A declaration that Otieno has become entitled by adverse possession to the land.
• An order that the Land Registrar registers Otieno as the absolute proprietor.
• An order that the Land Registrar directs the transfer of ownership of the land to Otieno.

Remedies

• Costs awarded to Otieno.

Authorities cited