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ELCOtherEnvironment & Land Case 26 of 2021· [2023] KEELC 16105 (KLR)
Okul & another (Suing as the Legal Administrator of the Estate of Barack Deya Okul - Deceased) v Wakaya (Sued as the Legal Administrator of the Estate of Zakayo Wakaya Got - Deceased) & 3 others
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·~2 min to read original · ~4 min briefThe bottom line
#A Kenyan land dispute over ownership through long occupation ended without trial after all parties agreed the land would simply be transferred.
What this practically means
#Executive summary
#The plaintiffs, Edward O. Okul and Tom Mboya Okul, sued as legal administrators of the estate of Barack Deya Okul (deceased), claiming by originating summons dated February 24, 2016 to have acquired title over one acre (0.4 Ha) out of Land reference number Central Karachuonyo/Konyango/641 (now subdivided, comprising among others Central Karachuonyo/Konyango/2986) by adverse possession under section 38 of the Limitation of Actions Act. The defendants were Charles Oluoch Wakaya (administrator of the estate of Zakayo Wakaya Got), Julius Otieno Akicho, Dharmesh Kumar Kanubhai Patel and Juma Dandi Okello. The suit did not proceed to trial. By consent of counsel for all parties (Mr. R. Ogwe/Mr. Oronga for the plaintiffs, Mr. Odhiambo Kanyangi for the 3rd and 4th defendants and Mr. Bana for the 1st and 2nd defendants), the matter was marked fully settled on two terms: the 4th defendant, Juma Daudi Okello, was to transfer land reference number Central Karachuyol/Konyango/2986 measuring approximately 0.06 Ha to the plaintiffs forthwith, and each party was to bear its own costs. Ong'ondo, J adopted the consent, applauding the parties for resolving the dispute amicably in line with article 159(2)(b) and (c) of the Constitution. No findings were made on the adverse possession claim itself.
Key legal issues
#01
Recording of a consent settlement of an adverse possession claim
Holding
The court adopted the consent of counsel, marking the matter fully settled and ordering transfer of the suit parcel to the plaintiffs.
Reasoning
Counsel for all parties recorded a consent under which the 4th defendant was to transfer the subdivided parcel to the plaintiffs and each party was to bear its own costs. The court adopted the terms, noting the settlement aligned with the constitutional imperative of alternative dispute resolution under article 159(2)(b) and (c).
p. 2
Legal principles established
#- Disputes may be resolved amicably by consent in line with article 159(2)(b) and (c) of the Constitution
Court orders
#- 1.That the 4th defendant, Juma Daudi Okello, transfer land reference number Central Karachuyol/Konyango/2986 measuring approximately 0.06 Ha to the plaintiffs Edward O. Okul and Tom Mboya Okul forthwith
- 2.Each party to bear their own costs of the suit
- Jurisdiction invoked
- Article 159(2)(b) and (c) of the Constitution of Kenya, 2010; claim brought under section 38 of the Limitation of Actions Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Okul & another (Suing as the Legal Administrator of the Estate of Barack Deya Okul - Deceased) v Wakaya (Sued as the Legal Administrator of the Estate of Zakayo Wakaya Got - Deceased) & 3 others", Case Analysis (2023). Environment & Land Case 26 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/16105/eng@2023-03-13
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