Otieno v Aduda & another (Enviromental and Land Originating Summons 28 of 2018) [2024] KEELC 716 (KLR) (15 February 2024) (Judgment)

Facts

The Plaintiff, Otieno, claimed adverse possession of a parcel of land known as Title No. Kisumu/Kogony/3660, measuring approximately 0.21 hectares. He averred that he had occupied the land since 1997 and had fenced it, built a house, and planted trees. The 1st Defendant, Aduda, claimed to have sold the land to the 2nd Defendant, Odhiambo, in 2018.

Issues

1. Whether the Plaintiff is entitled to the whole parcel of land by adverse possession for over 12 years.
2. Whether the Defendants' proprietary interest in the suit property has been extinguished.
3. Whether the Plaintiff should be registered as the proprietor of the suit property.
4. Whether the Defendants should be ordered to pay the costs of the suit.

Reasoning

The Court held that the Plaintiff had continuously occupied the land since 1997, fenced it, built a house, and planted trees, which constituted adverse possession.

Outcome

The Plaintiff is entitled to the whole parcel of land by adverse possession.