Ongeto v Oswayo (Enviromental and Land Originating Summons E048 of 2021) [2025] KEELC 6778 (KLR) (21 July 2025) (Judgment)
- Court
- Environment & Land Court
- Case number
- 6778
- Citation
- [2025] KEELC 6778 (KLR)
- Decided
- 21 July 2025
The Court finds that the Plaintiff has proved his claim for adverse possession over the Suit Land.
Facts
The Plaintiff Isaac Avuyeko Ongeto claims adverse possession over 1.5 acres of land parcel No. Suna Manyatta/2996, which he has occupied since around 1969. The Defendant Joseph Otieno Oswayo disputes the claim, stating the occupation was with his late mother's permission and only about a quarter of an acre.
Issues
- Whether the Plaintiff has proved his claim for adverse possession over the Suit Land
- Who bears the costs of this suit?
Reasoning
The Court of Appeal in Mtana Lewa v Kahindi Ngala Mwagandi established the elements of adverse possession, which include open, uninterrupted, and exclusive occupation for 12 years. The Plaintiff's claim meets these criteria, and the Defendant's claim of permission from the late mother is not supported by evidence.
Outcome
The Plaintiff's claim for adverse possession is upheld.
Orders
- The Deputy Registrar of the Court is authorized to execute the necessary instruments of transfer for the 1.5 acres of land to the Plaintiff in default of the Defendant's compliance.
Authorities cited
Legislation (3)
- Limitation of Actions Act, Cap 22 Laws of Kenya
- Civil Procedure Rules
- Evidence Act
Cases cited (1)
- Mtana Lewa v Kahindi Ngala Mwagandi [2015] eKLR
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