Silas Marangu Makinya v Livingstone Koome Barana [2014] KEHC 244 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

ELC NO. 2 OF 2014

SILAS MARANGU MAKINYA..............................................................PLAINTIFF

VERSUS

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

J U D G E M E N T

This application is dated 10th July, 2014 and seeks orders that:-

1. This Court be pleased to enter judgment for the plaintiff against the defendant in terms of prayers (a) and (c) of the originating summons dated 3rd January, 2011.

2. This court do make such further orders to give effect to the judgment so entered.

3. Costs of this application be provided for.

The application is supported by the affidavit of Silas Marangu Makinya and has the following grounds:

1. The defendant has admitted the plaintiff's claim in writing.

2. It is only fair and just that judgment be entered for the plaintiff against the defendant.

When this application was heard inter partes on 30. 9.2014, the defendant told the Court that he was not opposed to the application.  In the circumstances, I enter judgment for the plaintiff against the defendant in the following terms:

1. It is hereby declared that the plaintiff has become entitled under section 38 of the Limitation of Action 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/300 on which the plaintiff has been in peaceful, undisturbed and uninterrupted possession and occupation since the year 1987.

2. Costs are awarded to the plaintiff.

It is so ordered

Delivered in Open Court at Meru this 30th day of October, 2014 in the presence of.

Cc. Gatari Ringera for plaintiff

Livingstone Koome - defendant

P. M. NJOROGE

JUDGE