DAVID KIMELI TARUS & ANOTHER V FRANCIS UGAME LIBYA [2012] KEHC 1184 (KLR)
- Court
- High Court of Kenya
- Case number
- 1184
- Citation
- [2012] KEHC 1184 (KLR)
- Decided
- 27 September 2012
The court finds that the plaintiffs have established adverse possession and orders the defendant's proprietary interest in the land be extinguished and their name deleted from the Register.
Facts
David Kimeli Taurus and Philip Kiprop Taurus, the plaintiffs, claimed adverse possession over the land known as NANDI/KIMINDA/47, which was sold to the defendant Francis Ugame Libya in the 1970s. The plaintiffs produced a Green Card dated June 2, 1978, indicating the Certificate of Title was issued to the defendant. The plaintiffs testified they had lived on the land continuously for over 33 years.
Issues
- Whether the plaintiffs have established adverse possession over the land for more than 12 years.
- Whether the defendant's proprietary interest in the land should be extinguished and their name deleted from the Register.
Reasoning
The court determined that time started running from the date the Certificate of Title was issued in 1978, and the plaintiffs have been in adverse possession for 33 years, exceeding the 12-year requirement.
Outcome
Judgment in favor of the plaintiffs
Orders
- The defendant's proprietary interest in the land known as NANDI/KIMINDA/47 be and is hereby extinguished and name be deleted from the Register.
- The plaintiffs be declared as having acquired ownership of the land by way of adverse possession and be registered as the proprietors thereof.
- The plaintiffs shall bear the costs of the case.
Remedies
- Extinguishment of the defendant's proprietary interest.
- Declaration of the plaintiffs' ownership.
- Costs to be borne by the defendant.
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