ARNOLD MUATHA MAINGI v KATELEMBO MUVUTI ATHIANI CO-OPERATIVE RANCHING SOCIETY LIMITED & another [2012] KEHC 2133 (KLR)
- Court
- High Court of Kenya
- Case number
- 2133
- Citation
- [2012] KEHC 2133 (KLR)
- Decided
- 28 September 2012
The Plaintiff's claim of adverse possession against the 1st Defendant is dismissed with half of the costs of the suit. The Plaintiff's claim of adverse possession against the 2nd Defendant is sustained, but the defects in the suit can be rectified by joinder and amendment.
Facts
The Plaintiff, Arnold Muatha Maingi, claimed adverse possession over land parcel L.R. MACHAKOS TOWN BLOCK 3/1155. He alleged that he acquired title to the land by adverse possession under the Limitation of Actions Act, Cap 22. The Defendants, Katelembo Muvuti Athiani Co-operative Ranching Society Limited and Collins Kitaka Kaloki, disputed the Plaintiff's claim.
Issues
- Whether the Plaintiff's claim of adverse possession against the 1st Defendant is valid.
- Whether the Plaintiff's claim of adverse possession against the 2nd Defendant is valid.
Reasoning
The 1st Defendant cannot be sued in adverse possession as it was not the registered proprietor of the land before the 2nd Defendant. The 2nd Defendant's registration as registered proprietor does not interrupt the Plaintiff's adverse possession.
Outcome
The Plaintiff's claim of adverse possession against the 1st Defendant is dismissed. The Plaintiff's claim of adverse possession against the 2nd Defendant is sustained.
Orders
- The Plaintiff's claim of adverse possession against the 1st Defendant is dismissed with half of the costs of the suit.
- The Plaintiff's claim of adverse possession against the 2nd Defendant is sustained, but the defects in the suit can be rectified by joinder and amendment.
Remedies
- The Plaintiff is awarded half of the costs of the suit against the 1st Defendant.
- The Plaintiff's claim of adverse possession against the 2nd Defendant is sustained.
Authorities cited
Legislation (1)
- Limitation of Actions Act, Cap 22
Cases cited (2)
- Githu – vs- Ndeete [1984] KLR 776
- Kasuve – vs- Mwaani Investments Limited & 4 others [2004] I KLR 184
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