Kabita Kibotho v Elias Njagi Njoka & anor [2004] KEHC 1550 (KLR)
- Court
- High Court of Kenya
- Case number
- 1550
- Citation
- [2004] KEHC 1550 (KLR)
- Decided
- 28 February 2004
The Plaintiff's claim is upheld, and the land is vested in the Plaintiff. A perpetual injunction is issued to prevent the Defendants from interfering with the Plaintiff's possession.
Facts
The Plaintiff, Kabita Kibotho, claimed ownership of land parcel NGARIAMA/NGIRIAMBU/58, which was registered in the name of his elder brother Mbire Kibotho. The Defendants, Elias Njagi Njoka and Phyllis Micere Kubuta, claimed the land was theirs. The Plaintiff alleged continuous and uninterrupted occupation of the land for over 12 years.
Issues
- Ownership of land parcel NGARIAMA/NGIRIAMBU/58
- Validity of the Defendants' claim to the land
Reasoning
The court found that the Plaintiff had been in continuous and uninterrupted occupation of the land for over 12 years, contrary to the Defendants' claim. The Plaintiff's possession was adverse to Mbire Kibotho's rights, and Mbire Kibotho's title to the land was extinguished after 12 years.
Outcome
Plaintiff's claim successful
Orders
- Vesting order vesting the suit land upon the Plaintiff
- Perpetual injunction issued to prevent interference with the Plaintiff's possession
Remedies
- Vesting of the suit land in the Plaintiff
- Perpetual injunction
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Limitation of Actions Act
Cases cited (1)
- Benjamin Kamau Murima and others vs Gladys Njeri C A Civil Appeal 213 of 1996
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