Fredrick Maria & 3 others v Lawrence Muriuki & 4 others [2019] KEELC 2084 (KLR)
The bottom line
#Four families who lived on Embu land since the 1970s won ownership through adverse possession, but the court ordered registration rather than cancelling the titles outright.
What this practically means
#Executive summary
#Key legal issues
#Whether the Plaintiffs acquired the suit properties by adverse possession
Yes; the uncontroverted evidence established all elements of adverse possession and the Plaintiffs were entitled to a declaration and to be registered as proprietors
The Plaintiffs testified that they and their families have resided on the suit parcels, sub-divisions of Title No. Embu/Kamarandi/222, since the 1970s or 1969, in continuous, exclusive and uninterrupted possession. The Defendants, despite service including substituted service, did not attend or respond. The court adopted the Kasuve v Mwaani Investments test of 12 years' open, exclusive possession as of right, found the unchallenged evidence sufficient, and held the Plaintiffs proved the claim to the required standard.
Whether rectification of the register was the appropriate remedy
No; rectification under section 80 of the Land Registration Act, 2012 was inappropriate, but the Plaintiffs were ordered to be registered as proprietors in place of the Defendants
The court held that rectification of the register is confined to situations where registration was obtained through a mistake, omission or fraud to which the registered proprietor was privy. Since the Plaintiffs' claim was founded on adverse possession rather than fraud or mistake, that remedy did not fit. Instead, the court directed the Land Registrar Embu to register the Plaintiffs as proprietors and empowered the Deputy Registrar to execute the necessary transfer documents on the Defendants' behalf.
Legal principles established
#- To be entitled to land by adverse possession the claimant must prove exclusive, open possession as of right and without interruption for 12 years, and title by adverse possession can be acquired for part of the land
- Rectification of the register under section 80 of the Land Registration Act, 2012 is limited to registrations obtained through mistake, omission or fraud to which the registered proprietor was privy
Court orders
#- 1.A declaration that the Plaintiffs have acquired Title Nos. Embu/Kamarandi/223, 224, 225 and 226 by virtue of adverse possession
- 2.The Land Registrar Embu shall cause the Plaintiffs to be registered as proprietors of the said parcels in place of the Defendants (Ngari Kabingu – 223; Gicebu Giceko – 224; Kirinya Njiru – 225; Fredrick Maria Njiru – 226)
- 3.The Deputy Registrar of the court shall sign and execute all necessary documents and forms on behalf of the Defendants to facilitate the Plaintiffs' registration
- 4.No order as to costs
- Jurisdiction invoked
- Section 38 of the Limitation of Actions Act (Cap. 22)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Fredrick Maria & 3 others v Lawrence Muriuki & 4 others [2019] KEELC 2084 (KLR)", Case Analysis (2019). ELC Case No. 214 of 2014 (Formerly Kerugoya ELC No. 378 of 2013). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/2084/eng@2019-07-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.