Japheth Lijoodi v Clement Shikami & another [2021] KEELC 2501 (KLR)
The bottom line
#The court dismissed a land buyer's adverse possession claim because his occasional use of the land fell short of 12 years of continuous occupation.
What this practically means
#Executive summary
#Key legal issues
#Whether the plaintiff proved adverse possession of Isukha/Shinyalu/1590 and 1591
The plaintiff failed to establish continuous, exclusive and uninterrupted possession for 12 years
The plaintiff testified he bought the land in 1992 and used it only on and off, with no house on it, and no one using it. The 2nd defendant testified to occupation and a semi-permanent structure. The plaintiff's occupation was therefore broken and not continuous for the statutory 12-year period, defeating the claim on a balance of probabilities.
The protection afforded to registered titles under the Land Registration Act
Section 26(1) renders registered titles indefeasible except for fraud/misrepresentation or illegal, unprocedural or corrupt acquisition
The court applied sections 24(a) and 26(1) of the Land Registration Act and the Elijah Makeri Nyangw'ra case to hold that a title in the hands of a third party can be impugned only where the title was obtained illegally, unprocedurally or through a corrupt scheme; the plaintiff made no such proof.
Legal principles established
#- A certificate of title is prima facie evidence of absolute and indefeasible ownership, challengeable only on proven fraud or misrepresentation or where acquired illegally, unprocedurally or through a corrupt scheme
- To acquire title by adverse possession, possession must be nec vi, nec clam, nec precario and continuous for at least 12 years
Court orders
#- 1.The suit is dismissed with costs
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court over title to and adverse possession of land
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Japheth Lijoodi v Clement Shikami & another [2021] KEELC 2501 (KLR)", Case Analysis (2021). ELC Case No. 192 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/2501/eng@2021-07-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.