Hamisi Makame Hamisi & 2 others v Feraji Bin Hussein Bin Salim [2020] KEELC 1742 (KLR)
The bottom line
#A Mombasa court ruled that people who openly lived on another person's land for over 12 years now own it, and the registered owner's title is gone.
What this practically means
#Executive summary
#Key legal issues
#Whether the plaintiffs proved adverse possession of the suit land
Yes - the plaintiffs' uncontroverted evidence of exclusive, open possession for over 12 years discharged their burden, and the defendant's title was extinguished
The court restated the doctrine from Wambugu v Njuguna and Mtana Lewa: the claimant must show dispossession or discontinuance of the title holder's possession for the statutory 12-year period, and the possession must be peaceful, open and continuous. The 1st plaintiff testified to 15-16 years of occupation, the plaintiffs lived on the land with their families as their only home, produced the defendant's title, and the evidence was uncontroverted as the defendant never entered appearance despite substituted service.
Legal principles established
#- Adverse possession requires the title holder to be dispossessed or to have discontinued possession for the statutory period
- A claimant must prove possession that is peaceful, open and continuous
Court orders
#- 1.That the defendant's interest in PLOT NO. 513/II/MN CR 686 measuring 8.20 acres has been extinguished
- 2.That the plaintiffs be registered as the proprietors of all that parcel of land known as PLOT NO. 513/II/MN CR 686 measuring 8.20 acres
- 3.Each party to bear their own costs
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court over title to land, invoked by Originating Summons for adverse possession
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Hamisi Makame Hamisi & 2 others v Feraji Bin Hussein Bin Salim [2020] KEELC 1742 (KLR)", Case Analysis (2020). Originating Summons dated 7th March 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/1742/eng@2020-07-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.