Salim Issa & 4 others v Ebe Milano [2017] KEELC 2179 (KLR)
The bottom line
#A Mombasa court handed five families ownership of Mombasa land they had openly occupied since 1990, because the registered owner never objected or claimed it.
What this practically means
#Executive summary
#Key legal issues
#Whether the plaintiffs acquired title by adverse possession
Yes; the uncontroverted evidence showed occupation since 1990, over twelve years, without the owner's consent, entitling them to registration as absolute proprietors
The court set out four principles: clear possession, occupation without the owner's consent, uninterrupted occupation for more than twelve years, and production of an extract of the title. The first plaintiff testified the five families had lived, farmed and built on the land since 1990, producing the title deed, official search and photographs. The case was undefended and the facts undisputed, so all conditions were satisfied.
Legal principles established
#- To succeed in adverse possession, the plaintiff must prove clear possession, occupation without the owner's consent, uninterrupted occupation for over twelve years, and exhibit an extract of the title under litigation
- Possession must be as of right, nec vi, nec clam, nec precario, continuous and with the owner's knowledge actual or constructive
Court orders
#- 1.That the plaintiffs Salim Issa, Shaban Matano Mwakeu, Bakari Ngao Shibil, Suleiman Nzole Shanga and Kassim Omar be registered as absolute proprietors of land reference number 39/Section II/Mainland North instead of Ebe Milano by virtue of adverse possession
- 2.That the Registrar of Lands do register the plaintiffs as joint owners of land reference number 39/Section II/Mainland North and certificates of title issue
- 3.No order as to costs
- Jurisdiction invoked
- Section 38 of the Limitation of Actions Act and Order 37 of the Civil Procedure Rules 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Salim Issa & 4 others v Ebe Milano [2017] KEELC 2179 (KLR)", Case Analysis (2017). Civil Suit No 295 of 2012 (OS). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/2179/eng@2017-06-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.