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ELCAllowedELC No. 56 of 2018· [2020] KEELC 2576 (KLR)

Mosonik arap Katam v Kiplangat arap Digira [2020] KEELC 2576 (KLR)

Environment and Land Court
5 May 2020
MKMohammed Kullow
635 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A man who bought and lived on 3 acres of land since 1985 won legal ownership through adverse possession, even though the title remained in the seller's name.

What this practically means

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Executive summary

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The plaintiff, by Originating Summons dated 15th August 2018, sought a declaration that he had acquired 3 acres forming part of land parcel Cis-Mara/Ololulunga/15035 by adverse possession, an order directing the District Lands Registrar, Narok to register him in place of the defendant, an order that the Deputy Registrar execute transfer documents in default, and an injunction restraining the defendant from selling, transferring or interfering with his occupation. The plaintiff deponed that he purchased the 3 acres from the defendant in 1985 for about Kshs. 40,000 and had occupied the land peacefully and continuously since September 1985, his occupation being adverse to the defendant's title. Although served, the defendant neither entered appearance nor filed a defence; the court, satisfied of proper service, proceeded exparte. At the hearing the plaintiff testified, producing a sale agreement, a copy of the title and a letter from the DC's Office. The court found the claim unchallenged and held that the plaintiff had been in continuous and peaceful occupation of the suit land and had proved the ingredients of adverse possession on a balance of probability. Judgment was entered for the plaintiff: he was to be registered as proprietor of the 3 acres, the defendant to execute the transfer within 30 days, failing which the Deputy Registrar to execute it and the Narok Land Registrar to register the plaintiff; a permanent injunction issued against the defendant, with costs to the plaintiff.

Key legal issues

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01

Adverse possession of part of a registered parcel

Holding

The plaintiff, having purchased and occupied 3 acres of the defendant's parcel since 1985/1986 peacefully and continuously, acquired title by adverse possession

Reasoning

The suit proceeded exparte after proof of proper service, the defendant having neither entered appearance nor filed a defence. The plaintiff testified that he purchased about 3 acres in 1985 for about Kshs. 40,000 and lived on the land since 1986, producing a sale agreement, a copy of the title and a letter from the DC's Office. The court found the claim unchallenged and proved on a balance of probability.

p. 1

Legal principles established

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  • A claimant in continuous and peaceful occupation of land, proving the ingredients of adverse possession on a balance of probability, is entitled to be registered as proprietor

Court orders

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  1. 1.That the Plaintiff be registered as the proprietor of the 3 acres of land he lives on which forms part of land parcel Cis Mara/Ololulunga/15035
  2. 2.That the Defendant do execute the transfer of the said 3 acres within 30 days of the judgement and in default the Deputy Registrar of this court to execute the said transfer and the Narok Land Registrar do accordingly register the Plaintiff as the owner of the 3 acres
  3. 3.An order of permanent injunction issuing against the defendant by himself or whomsoever from selling or transferring the said 3 acres
  4. 4.Costs to the plaintiff

Authorities

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Legislation

  • Limitation of Actions Actnot specified (adverse possession ingredients referenced generally)
Jurisdiction invoked
Original jurisdiction of the Environment and Land Court under Article 162(2) of the Constitution (adverse possession claim over land); not expressly cited in the judgment text

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, "Mosonik arap Katam v Kiplangat arap Digira [2020] KEELC 2576 (KLR)", Case Analysis (2020). ELC No. 56 of 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/2576/eng@2020-05-05

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