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ELCAllowedNot stated in the judgment· [2017] KEELC 1396 (KLR)

Peter Nderitu Mutah & 2 others v Karuga Njenga [2017] KEELC 1396 (KLR)

Environment and Land Court
28 September 2017
AOA. Ombwayo
2,027 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Three Kenyan men who occupied land they bought for over 25 years won full ownership through adverse possession, defeating the registered owner's title.

What this practically means

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Executive summary

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Peter Nderitu Mutah, Zacharia Mwangi Kabiru and Ezekiel K. Tanui brought an originating summons against Karuga Njenga seeking declarations of title by adverse possession over portions of land parcel I.R. 71310 (formerly part of L.R. No. 9930, Theluji Farm), measuring 5, 4 and 4 acres. Each applicant alleged purchase of a portion from the respondent under written sale agreements dated 1988, 1989 and 1991, full or substantial payment of consideration, and open occupation thereafter, farming and building on the land until 2 August 2013 when the respondent obtained orders from the Eldoret Chief Magistrate's Court (Miscellaneous Civil Application No. 55 of 2013) and demolished their structures. The respondent did not file a substantive defence in the record reproduced. In evidence, each applicant testified to the length of his occupation and produced a title certificate confirming the respondent as registered owner. The court found the plaintiffs had proved possession of the suit parcels for more than 12 years with the knowledge of the defendant, continuous and uninterrupted, entitling them to the orders sought. The court declared the applicants' title by adverse possession, extinguished the respondent's title over the 13 acres they occupied, issued a vesting order, and directed the respondent to surrender title IR 71310 for conversion under the Land Registration Act 2012 and to effect subdivision and transfer, with the Deputy Registrar empowered to execute the documents in default and the Land Registrar, Uasin Gishu County to issue a fresh title deed. The respondent was ordered to pay the applicants' costs.

Key legal issues

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01

Whether the applicants acquired title by adverse possession

Holding

Yes; the court declared the applicants entitled to the portions of I.R. 71310 they occupied (5, 4 and 4 acres) and ordered excision, vesting and transfer

Reasoning

The court found the applicants purchased portions of the 23-acre parcel (originally L.R. No. 9930) under sale agreements in 1988, 1989 and 1991, paid consideration, and took open physical possession, farming and building on the land. Their possession exceeded the 12-year limitation period with the knowledge of the registered owner and was continuous and uninterrupted until the respondent's attempted eviction via orders obtained at the Eldoret Chief Magistrate's Court on 2 August 2013. Title of the registered owner was thereby extinguished.

p. 3

Legal principles established

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  • Possession of land for more than 12 years with the knowledge of the registered owner, if continuous and uninterrupted, confers title by adverse possession

Court orders

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  1. 1.Declaration that the plaintiffs have obtained title by way of adverse possession over portions of land parcel No. I.R. 71310 measuring 5 acres, 4 acres and 4 acres, having taken continuous uninterrupted possession since 1988, 1989 and 1991
  2. 2.Declaration that the respondent's title over the portion of land reference I.R. 71310 measuring 13 acres has been extinguished by operation of law and the same be registered in the applicants' names
  3. 3.Vesting order vesting the portion of land parcel No. I.R. 71310 measuring 13 acres in the applicants
  4. 4.Respondent ordered to surrender title no. IR 71310 for conversion under the Land Registration Act 2012 and for subdivision and transfer to the applicants
  5. 5.In default, the Deputy Registrar of the Environment and Land Court to execute the surrender, subdivision and transfer documents and the Land Registrar, Uasin Gishu County to issue a fresh title deed in the applicants' names
  6. 6.Defendant/respondent to pay the applicants' costs of the originating summons

Authorities

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Legislation

  • Land Registration ActNot specified (conversion of title)
Jurisdiction invoked
Original jurisdiction of the Environment and Land Court over land disputes; not expressly stated in the judgment

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Peter Nderitu Mutah & 2 others v Karuga Njenga [2017] KEELC 1396 (KLR)", Case Analysis (2017). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/1396/eng@2017-09-28

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.