Dyphinah M. Khaonjeli v Waziri Abubakari Ali & 3 others [2018] KEHC 8335 (KLR)

Facts

The plaintiff, Dyphinah M. Khaonjeli, claimed adverse possession of a portion of land (Ndivisi/Muchi/2120) registered in the names of Waziri Abubakari Ali. The plaintiff subdivided the land and registered the portion she occupied (Ndivisi/Muchi/5169) in the names of Bakari Orata Amisi and Athumani Wesonga Waziri. The plaintiff sought to determine her notorious possession and the validity of the transfer.

Issues

1. Whether the plaintiff has been in notorious possession of land measuring 25 yards x 10 yards out of the original Ndivisi/Muchi/2120
2. Whether the plaintiff's title to the portion of 25 x 10 yards has been extinguished upon her occupation of over 12 years
3. Whether the transfer to the 2nd and 3rd respondents was lawful or intended to defeat the interests of the plaintiff

Reasoning

The court found that the plaintiff had been in possession of the land for over 12 years and had acquired title by adverse possession. The defendant's title was extinguished due to the plaintiff's occupation.

Outcome

The plaintiff's amended originating summons is allowed with costs.

Authorities cited