Ochieng v Mwai Commercial Agencies & 2 others (Sued as Administrators of the Estate of the Late Charles Mathenge - Deceased) (Enviromental and Land Originating Summons E009 of 2023) [2025] KEELC 4764 (KLR) (26 June 2025) (Judgment)
- Court
- Environment & Land Court
- Case number
- 4764
- Citation
- [2025] KEELC 4764 (KLR)
- Decided
- 26 June 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAdverse PossessionPostureApplication for declaration of adverse possession and registration of landCoramOMBWAYO
Holding
The Court declared that the Applicant has acquired the suit property adversely and registered the land in his name.
Facts
Patrick Ochieng testified that he entered into an agreement with the 2nd Respondent through his agent, the 1st Respondent, and paid Kshs. 170,000/= on June 10, 2004, to acquire the suit property.
Issues
- Whether the Applicant has acquired the suit property adversely.
- Who should bear the costs of the suit.
Reasoning
The Court applied the doctrine of adverse possession under Sections 7, 13, 37, and 38 of the Limitation of Actions Act, finding that the Applicant had uninterruptedly possessed and occupied the land for over 12 years and was aware of the possession.
Outcome
The Applicant was declared the legal owner of the land and registered as the sole proprietor.
Orders
- That the Applicant be declared to have become the legal owner entitled by adverse possession of over 12 (twelve) years since 10th June 2004 of all that one acre out of Land Parcel Known as LR. No. PIAVY/1850.
- That the Applicant be registered as the sole proprietor of the one acre out of Land Parcel Known as LR. No. PIAVY/1850 which is registered in the name of Charles Mathenge Njuki (Deceased).
- That the Respondents either by themselves, agents, servants and /or employees be permanently restrained from interfering with the Applicant’s peaceful possession and occupation of the suit property.
- That the Honorable Court be pleased to direct the Land Registrar to execute the transfer instrument and all other documents attendant to the transfer and registration of the one acre out of Land Parcel Known as LR. No. PIAVY/1850 in favor of the Applicant.
Authorities cited
Legislation (1)
- Limitation of Actions Act
Cases cited (1)
- Kasuve v Mwaani Investments Limited & 4 others 1 KLR 184
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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