Silas B.M Makinya v Livingstone Koome Barana [2016] KEHC 882 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

ELC CASE NO. 2 OF 2014 (OS)

SILAS B.M MAKINYA.........................................PLAINTIFF

VERSUS

LIVINGSTONE KOOME BARANA....................DEFENDANT

R U L I N G

1. On 30th October, 2014 this Court entered judgment against the Plaintiff in the following terms.:-

(1) It is hereby declared that the Plaintiff has become entitled under Section 38 of the Limitation of Actions Act (cap 22 Laws of Kenya) to be registered as a proprietor by adverse possession in lieu of the present registered proprietor of all the parcel of land Known as L.R No. NTIMA/IGOKI/ 3001 which the plaintiff has been in peaceful, undisturbed and uninterrupted possession and occupation since the year 1987.

(2) Costs are awarded to the Plaintiff.

2. On 11th November, 2015 this Court meant to facilitate the Judgment of this Court. However, a typographical error referred to prayer 2 instead of prayer 1 as the prayer which the Court allowed.

3. To correct the consequences of the typographical error, and for avoidance of doubt, it is ordered as follows:-

i. The Executive Officer of this Court is empowered to execute all documents for transfer of land parcel No. NTIMA/IGOKI/3001 to the plaintiff , So as to give effect to the orders made by this Court on 20th October, 2014.

ii. No costs are awarded in this application and the costs granted to the plaintiff in the judgment delivered on 30. 19. 2014 are set aside at the instance of the plaintiff.

4. It is so ordered .

DELIVERED IN OPEN COURT AT MERU THIS 30TH DAY OF NOVEMBER,  2016, IN THE PRESENCE OF : -

C.A : Daniel /James

Gatari Ringera for the Plaintiff

P.M. NJOROGE

JUDGE