In Summary
  • Land is such an emotive issue in Kenya as it is the single most important source of production and livelihood.
  • There are many people who have employed deceit to gain possession of land. Others who through legally recognised means obtain similar outcomes.
  • Please email your queries to lifeandstyle@ke.nationmedia.com  

I write on behalf of a friend and neighbour. There is this situation between step-brothers whereby one of them by the name (W.K) registered himself by deceit, as the proprietor of a parcel of land on which the other (G.K) lives (i.e. born and raised). W.K has never lived on nor developed the said parcel. It is way over 12 years since the purported registration and issuance of title to W.K. Meanwhile, G.K has carried out extensive development of the land.

Now, the question is: Can G.K succeed if he moved to court by invoking the doctrine of adverse possession? Looking forward to your assistance.

 

Thanking you in advance.

Sincerely,

Albert K. Towett

 

Answer

Dear Albert,

Land is such an emotive issue in Kenya as it is the single most important source of production and livelihood. There are many people who have employed deceit to gain possession of land.

Others who through legally recognised means obtain similar outcomes. And this informs this response.

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