Widow to refund buyer in disputed Muranga land deal
A Kenyan court ruled that a man failed to prove adverse possession of a piece of land, denying his claim to ownership. However, the court ordered the widow of the original owner to refund the purchase money paid by the man in 2007.
Why it matters
This case highlights the complexities of land ownership disputes and the legal requirements for adverse possession in Kenya.
A man has lost his bid to acquire ownership of land through adverse possession after the court found he failed to prove he had occupied it for the statutory 12 years required by law. However, the court ordered that he be refunded the money he had paid towards its purchase.
The Environment and Land Court in Murang’a ruled that Dickson Kiburi Kamenju did not prove he had occupied the suit property long enough to extinguish the registered owner's title.
The court, however, found that Kamenju had consistently demonstrated that he paid Sh420,000 to the late Humphrey Irungu Mwangi, the respondent's husband, under a sale agreement executed in January 2007.
Kamenju entered into a written agreement to purchase the land from Mwangi and his wife, Loice Wanjiru Irungu, for Sh450,000.
A deposit of Sh150,000 was paid by banker’s cheque, followed by further payments of Sh200,000 and Sh70,000.
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