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PETER KAMAU NJAU
V.
EMMANUEL CHARO TINGA

(2016) JELR 93938 (CA)

Court of Appeal 14 Oct 2016 Kenya
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- The Court of Appeal affirmed that uninterrupted, open, and adverse possession of land for over 12 years (nec vi, nec clam, nec precario) extinguishes the registered owner’s title under sections 7 and 38 of the Limitation of Actions Act. -

Case Details

Suit Number:Civil Appeal 29 of 2016
Judges:Milton Stephen Asike Makhandia JA William Ouko JA Kathurima M'inoti JA
Location:Malindi
Other Citations:Peter Kamau Njau v. Emmanuel Charo Tinga [2016] eKLR

JUDGMENT OF THE COURT

The acquisition of property by adverse possession is a very common phenomenon at the Coast of Kenya and it is not an exaggeration to say that Courts in this region have inundated to deal with such claims more or less on a daily basis. This, in our experience hearing appeals arising from disputes relating to land, can be attributed to the wide spread landlessness of the indigenous populace, who, often times are forced by their circumstances to invade private land, resulting in the kind of conflict involved in this appeal.

According to the title deeds in respect of KILIFI/JIMBA 1223 and 1224 (the suit property), which are the subdivisions of the original PLOT NO. 135, the appellant was registered as the proprietor of the suit property on 6th September, 2006 and titles issued in his name on 12th April, 2011.

From his evidence in court, by a written agreement dated 1st July 2005, and payment of a consideration of Kshs. 500,000, the appellant purchased the suit property …

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