Otieno v Mwai Commercial Agencies & another (Enviromental and Land Originating Summons E018 of 2023) [2025] KEELC 4806 (KLR) (26 June 2025) (Judgment)
- Court
- Environment & Land Court
- Case number
- 4806
- Citation
- [2025] KEELC 4806 (KLR)
- Decided
- 26 June 2025
The Applicant has acquired the suit property adversely and is entitled to be declared the legal owner of the 1/4 acre portion of the land.
Facts
The Applicant and the 2nd Respondent entered into an agreement on 16th September, 2004, to purchase a 1/4 acre portion of land registered in the name of Charles Mathenge Njuki (Deceased). The Applicant paid Kshs. 42,500/= and has been in exclusive occupancy since then. The 2nd Respondent has not transferred the land to the Applicant despite numerous follow-ups.
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 Section 7, 13, 37, and 38 of the Limitation of Actions Act. The Applicant proved continuous and uninterrupted possession of the land for over 12 years.
Outcome
The Applicant is declared the legal owner of the 1/4 acre portion of the land.
Orders
- That the Applicant be declared to have become the legal owner entitled by adverse possession of over 12 (twelve) years since 16th September, 2004 of All That 1/4 acre out of Land Parcel Known as LR No. PIAVY/1850.
- That the Applicant be registered as the sole proprietor of 1/4 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 (2)
- Limitation of Actions Act
- Land Registration Act
Cases cited (1)
- Kasuve v Mwaani Investments Limited & 4 others 1 KLR 184
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