Pamella Nasirumbi Ouma v Linus Oduori Orodi [2013] KEHC 2120 (KLR)
- Court
- High Court of Kenya
- Case number
- 2120
- Citation
- [2013] KEHC 2120 (KLR)
- Decided
- 2 October 2013
The court found that the applicant has proved her case on adverse possession over the land and ordered the respondent's title to be extinguished and the land to be registered in the applicant's name.
Facts
The applicant, Pamela Nasirumbi Ouma, claimed adverse possession over two acres of land out of Bukhayo/Mundika/834, while the respondent, Linus Oduori Orodi, opposed the claim.
Issues
- Whether the applicant has been in open and notorious possession of the land for more than 12 years.
- Whether the respondent's title to the land has become extinguished.
- Whether the applicant has acquired title to the land by adverse possession.
- Whether the registration of the respondent as the owner of the land should be cancelled.
- Who should pay the costs of the suit.
Reasoning
The court determined that the land sale agreement was void due to the respondent's failure to obtain Land Control Board Consent within six months. The applicant's possession became adverse after six months, and the respondent's title became extinguished after 12 years.
Outcome
The applicant's claim for adverse possession was upheld, and the respondent's title to the land was extinguished.
Orders
- The respondent's title over the two acres of land out of Bukhayo/Mundika/834, occupied by the applicant, got extinguished by adverse possession upon the expiry of twelve years from 1989.
- The applicant has acquired title of the portion of land measuring two acres, and in her occupation out of Bukhayo/Mundika/834 by adverse possession.
- The respondent should transfer the portion of land measuring two acres and occupied by the applicant, out of Bukhayo/Mundika/834, into the names of the applicant.
- The respondent will pay the cost of this suit.
Remedies
- Cancellation of the respondent's title to the land.
- Registration of the land in the applicant's name.
Authorities cited
Legislation (2)
- Limitation of Actions Act Cap 22 of the Laws of Kenya
- Land Control Act Cap 302 of the Laws of Kenya
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