MARGARET GATHONI V KINYANJUI MUKURIA [2012] KEHC 2890 (KLR)
- Court
- High Court of Kenya
- Case number
- 2890
- Citation
- [2012] KEHC 2890 (KLR)
- Decided
- 23 July 2012
The Court finds that the Defendant's possession has been discontinued by the Plaintiff, and declares the Plaintiff as entitled by way of adverse possession of over twelve (12) years of all that piece of land registered under the Registered Land Act (Cap 300 Laws of Kenya) known as Kabete/Gikuni/T.218 and situated within Kiambu District.
Facts
The Plaintiff, Margaret Gathoni, claimed adverse possession of a piece of land known as Kabete/Gikuni/T.218, which was registered in the name of the Defendant, Kinyanjui Mukuria. The Plaintiff alleged that she had continuously possessed the land since 1977.
Issues
- Whether the Plaintiff has proved on a balance of probabilities that she has discontinued the Defendant's possession of the suit property for 12 years to be entitled to adverse possession.
- Whether the Plaintiff has been in continuous, uninterrupted possession of the land for a period of 12 years or more.
Reasoning
The Court held that adverse possession requires proof of discontinuance of possession, not just continuous possession. The Plaintiff's acts of ownership were inconsistent with the Defendant's title, indicating discontinuance.
Outcome
Judgment for the Plaintiff
Orders
- That Margeret Gathoni, the Plaintiff herein, is hereby declared as entitled by way of adverse possession of over twelve (12) years of all that piece of land registered under the Registered Land Act (Cap 300 Laws of Kenya) known as Kabete/Gikuni/T.218 and situated within Kiambu District.
- That the Deputy Registrar of this Honourable Court do execute all the necessary instruments and documents to effect transfer of parcel of land known as Kabete/Gikuni/T.218 from the Defendant’s to the Plaintiff’s names.
Remedies
- Transfer of the land from the Defendant to the Plaintiff
Authorities cited
Legislation (2)
- Limitation of Actions Act (Cap 22)
- Registered Land Act (Cap 300)
Cases cited (1)
- Wambugu v Njuguna (1983) KLR 172
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