[Source: The Standard, by Paul Ogemba]
Failure by a widow to take immediate possession of land bought by her late husband has made her lose the property.
Court of Appeal Judges Agnes Murgor and Daniel Musinga ruled that Loise Nduta had no claim to the four-acre piece of land in Mtwapa, Mombasa County, after failing to develop it since 1972 when her husband is siad to have bought it.
The judges instead granted possession of the land approximated to be worth Sh100 million to it’s original owner Aziza Said Hamisi, ruling that she stayed in the property for more than 12 years and entitled to it by way of adverse possession.
“Since she neglected to take steps to recover the disputed property within 12 years, the law is clear that her title to the property was extinguished. There is evidence the owner has been in quiet possession of the land and we have no reason to interfere with her occupancy”, ruled the judges.
Nduta argued that her husband bought the land from Hamisi’s family in 1972 and was issued with a valid title and she was the administrator of his estate.
But her family was in 2015 when they went to take possession only find Hamisi had developed the land and was residing on it leading to the court dispute.
Hamisi in her defence stated that she was not aware of the land being sold to Nduta’s husband in 1972 and that her family who were fishermen had been utilising the land for over 30 years.
The judges ruled that Nduta could not bring any action against Hamisi after 12 years had elapsed without doing anything.
“Section 17 of the Lands Act provides that once the period of 12 years of adverse possession has expired without an action to recover the land, the title of the registered owner of the land stands extinguished,” ruled the judges.
[Full article: The Standard, by Paul Ogemba]
