Clara Jerotich Kangogo & another v Boaz Kaino [2018] KEELC 1013 (KLR)
The bottom line
#A Kenyan court ordered rent collected on disputed land registered to a deceased person to be preserved in a joint lawyers' account until ownership is settled.
What this practically means
#Executive summary
#Key legal issues
#Whether adverse possession had been established by the defendant
The court doubted that adverse possession applied since the defendant was in possession for only about four months during the deceased's lifetime, possession having begun in April 1999 before the deceased died on 10.8.1999.
The defendant claimed to have purchased the land from the late Richard Kangogo Chelimo and to have extinguished that interest by adverse possession after over 12 years of occupation. However, the suit land remained registered in the name of the deceased, no sale documents were produced when requested, and possession began in April 1999, only four months before the deceased's death on 10 August 1999, making the adverse possession claim doubtful at this interlocutory stage.
Whether rent collected from the suit premises should be preserved pending trial
The court ordered that rent collected by the defendant be deposited into a joint interest-earning account in the names of the advocates for both parties, in the interest of justice.
The defendant admitted collecting rent for over 12 years despite the registered proprietor being deceased. It was unclear who paid the ICDC loan, which was charged on the deceased's title. Preserving the rent in a joint interest-earning account was the just course pending establishment of how the defendant took possession, avoiding dissipation of the plaintiffs' claimed entitlement and rendering the suit nugatory.
Legal principles established
#- Rent collected over land registered in the name of a deceased person whose estate is in dispute should be preserved pending determination of how possession was obtained
Court orders
#- 1.That the rent collected in respect of Elgeyo Marakwet/Iten Township/196 by the defendant be deposited into a joint interest earning account in a reputable bank to be opened in the names of the two firm Advocates appearing for the parties
- 2.Costs of the application in the cause
- Jurisdiction invoked
- Original civil jurisdiction over land disputes; interlocutory application for preservation of rent
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Clara Jerotich Kangogo & another v Boaz Kaino [2018] KEELC 1013 (KLR)", Case Analysis (2018). Application dated 27.5.2016 (suit title not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/1013/eng@2018-09-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.