Automated Summary
Key Facts
The plaintiffs, Peter Mukuna and Irene Wambui, purchased land parcel Ruiru/Kiu Block 4/2031 from the 2nd defendant (Mbo-i-Kamiti Farmers Co. Ltd) in June 2003. They took immediate possession, developed the land with commercial buildings and a school, and occupied it uninterruptedly for nearly two decades. The 1st defendant (Samia Properties Limited) attempted to compensate Stephen Waweru Njenga with the land in January 2007 but failed to transfer it. The plaintiffs reported this to police and the DCI, but no opposition to their possession occurred. The court found their adverse possession claim proven, declaring the 1st defendant's title extinguished and ordering registration of the land in the plaintiffs' names.
Issues
The court addressed whether the plaintiffs, Peter Mukuna and Irene Wambui, successfully claimed entitlement to land parcel Ruiru/Kiu Block 4/2031 through adverse possession against Samia Properties Limited, the registered proprietor, based on their open and uninterrupted possession since 2003. The court declared the defendant's title extinguished by operation of law and confirmed the plaintiffs' entitlement through adverse possession.
Holdings
- The 1st defendant, Samia Properties Limited, was directed to execute all necessary documents to effect the transfer of the land parcel to the plaintiffs.
- The court made no order regarding costs in this case.
- The court declared that Samia Properties Limited's title to land parcel Ruiru/Kiu Block 4/2031 has been extinguished by operation of the law, and Peter Mukuna and Irene Wambui are entitled to the land through adverse possession.
- The court ordered the Land Registrar to register the land parcel Ruiru/Kiu Block 4/2031 in the names of Peter Mukuna and Irene Wambui.
- In the event the defendant fails to execute the documents, the Deputy Registrar of the court is authorized to do so, with the Land Registrar dispensing with the Land Control Board's consent requirement.
Remedies
- The court declared that the 1st defendant's title to land parcel Ruiru/Kiu Block 4/2031 has become extinguished by operation of the law and that the plaintiffs, Peter Mukuna and Irene Wambui, have become entitled to the said land through adverse possession.
- The 1st defendant shall execute all the necessary documents to effect the transfer of the said land in the names of the plaintiffs.
- The Land Registrar is hereby ordered to register the said land in the names of plaintiffs, Peter Mukuna and Irene Wambui.
- There shall be no order as to costs.
- In default of the defendant's action, the Deputy Registrar of this court shall execute all documents necessary for registering the land in the plaintiffs' names and the Land Registrar shall dispense with the requirement for consent of the Land Control Board.
Legal Principles
The court applied the principle of adverse possession to declare that the 1st defendant's title to land parcel Ruiru/Kiu Block 4/2031 was extinguished by operation of law. This established the plaintiffs' entitlement to the land through open, uninterrupted possession since 2003, with no counterclaims or eviction attempts from the defendant.
Judge Name
B M Eboso
Passage Text
- The plaintiffs' contention that they have been in open and uninterrupted possession of the suit property since 2003 has not been controverted. Similarly, the contention that they have extensively developed the suit property has not been controverted.
- It is hereby declared that the 1st defendant's title to land parcel number Ruiru/Kiu Block 4/2031 has become extinguished by operation of the law and that the plaintiffs herein, Peter Mukuna and Irene Wambui, have become entitled to the said land through adverse possession.
- The Land Registrar is hereby ordered to register the said land in the names of plaintiffs, Peter Mukuna and Irene Wambui.