SYLVANUS BWOSI SONGORE v CHRISTOPHER MUKHANJI LITALI [2011] eKLRI [2011] KEHC 98 (KLR)
- Court
- High Court of Kenya
- Case number
- 98
- Citation
- [2011] KEHC 98 (KLR)
The Plaintiff is not entitled to be registered as the beneficial owner of the parcel of land L.R. No. Isukha/Lubao/365 or any subdivision arising from it by virtue of adverse possession.
Facts
The Plaintiff claimed adverse possession of 3 acres of land, parcel No. Isukha/Lubao/2037, which was part of the division of L.R. No. Isukha/Lubao/365. The land was originally registered in the name of the deceased, Elijah Mmanyisi, and later transferred to the Defendant, Christopher Mukhaji Litali, in 1988. The Plaintiff purchased the land in 1982 but was evicted by the Defendant in 1994.
Issues
- Whether the Plaintiff held the land in adverse possession for the prescribed period of 12 years.
- Whether the Plaintiff's claim for adverse possession has merit.
Reasoning
The court found that the Plaintiff did not hold the land in adverse possession for the prescribed period of 12 years, and the period of adverse possession, if any, was only 6 to 7 years.
Outcome
The Plaintiff's claim for adverse possession is dismissed with costs to the Defendant.
Orders
- Dismissal of the Plaintiff's claim for adverse possession.
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