In a landmark ruling delivered on June 12, a landowner in Nairobi lost his property to an occupant who had stayed on the land for 25 years.
During the ruling, the court granted ownership of the land to the occupant because the landowner had remained inactive in the possession of his property.
In addition, the court ordered that the Registrar of Titles register the property in the occupant’s name, effectively extinguishing the original owner’s title.
The court noted that the landowner, who was the applicant, be issued a permanent injunction preventing them from levying on and trespassing on the land granted to the respondent, who was the occupant.
“In breach of the respondent’s rights as owner in adverse possession, that an order be issued directing the Land Registrar to register the suit property in favor of the respondent, and costs of the suit be awarded to him,” part of the ruling read.
Also Read: Court Orders Developer to Pay Ngara Girls KSh23M in Damages
Why Landowners Lose Property to Occupants
According to the landmark ruling, the Court held that the Limitation of Actions Act governs the loss of land to long-term occupants, Cap 22 of the Laws of Kenya.
Section 7 of the Limitation of Actions Act states that a person is barred from bringing an action to recover land after the expiration of twelve years from the date of acquisition.
Further, the court explained that after 12 years, the original owner’s title deed is extinguished by operation of the law.
An occupant on the land for more than 10 years who has not been legally evicted under the law is protected by the Act, and the law assumes that the landowner has no interest in the property.
However, for the occupant to legally own the property, the occupant must, according to the court, prove that the possession was exercised openly and exclusively, and with hostility.
On the aspect of occupation with hostility, the court explained that an occupant who moves into a property without the knowledge of the landowner and is not evicted by the owner could become a legal owner.
In the ruling delivered on June 12, the Court noted that the occupant had first moved into the property in 1987, and that the owner took legal action regarding the occupation in 2012, after 25 years.
Further, during the initiation of the formal court action, the occupant had exceeded the 12-year statutory limit by 13 years, making a legal eviction by the owner impossible.
Also Read: Former MP Arrested Over a Scam in Which Land Buyers Lost KSh56 Million
Actions for Landowners to Take
In avoiding loss of property to the occupants, landowners in Kenya are advised by the Court of Appeal to avoid issuing the rent and levy demands verbally, as it does not stop the limitation period.
Further, the court emphasized that property owners should ensure that no unauthorized individual is occupying their land.
Additionally, all occupation agreements must be documented in a written lease or license to establish permissive occupation in the event of land and property conflicts.
Where a trespasser is identified, the property owner should file a suit for possession before the 12-year limit is exceeded, according to the Kenya Land Laws.
Follow our WhatsApp Channel and X Account for real-time news updates.
