Patrick Tsangare Mangale v Mohamed Saleh Bawazir [2020] eKLR Case Summary

Court
Environment and Land Court at Mombasa
Category
Civil
Judge(s)
C.K. Yano
Judgment Date
September 21, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the case summary of Patrick Tsangare Mangale v Mohamed Saleh Bawazir [2020] eKLR, highlighting key legal principles and implications.

Case Brief: Patrick Tsangare Mangale v Mohamed Saleh Bawazir [2020] eKLR

1. Case Information:
- Name of the Case: Patrick Tsangare Mangale v. Mohamed Saleh Bawazir
- Case Number: ELC NO. 406 OF 2016 (OS)
- Court: Environment and Land Court at Mombasa
- Date Delivered: 21st September 2020
- Category of Law: Civil
- Judge(s): C.K. Yano
- Country: Kenya

2. Questions Presented:
The central legal issues for resolution by the court are:
- Whether the plaintiff has acquired title to the suit property through adverse possession.
- Whether the plaintiff's occupation of the land was by virtue of employment with the defendant, which would negate any claim of adverse possession.
- Whether the defendant is entitled to the reliefs sought in his counter-claim for eviction.

3. Facts of the Case:
The plaintiff, Patrick Tsangare Mangale, initiated this suit seeking to be registered as the proprietor of land registered in the name of the defendant, Mohamed Saleh Bawazir. The plaintiff claimed he had occupied the land for over 20 years without interference, asserting his rights through adverse possession. The plaintiff testified that he entered the land in 1997, discovered an unoccupied house, and has since lived there peacefully, raising his family and farming the land. In contrast, the defendant claimed to be the registered owner since 1988 and contended that the plaintiff was employed as a security guard on the property, thus occupying it with his consent.

4. Procedural History:
The plaintiff filed an Originating Summons on 13th December 2016, which was amended on 22nd October 2019. The defendant opposed the claim, asserting his ownership and filing a counter-claim for eviction. The defendant's case included testimonies from four witnesses who supported his claim of the plaintiff's employment and occupation of the land. The plaintiff denied being an employee and maintained that his occupation was independent of any employment relationship.

5. Analysis:
- Rules: The court considered the doctrine of adverse possession as outlined in the Limitation of Actions Act, particularly Sections 7, 13, 37, and 38, which stipulate the conditions under which a claim for adverse possession can be established, including continuous and uninterrupted possession for at least twelve years without the permission of the title owner.
- Case Law: The court referenced previous rulings, including *Mtana Lewa v. Kahindi Ngala Mwangandi* and *Delamere Estates Limited v. Ndungu Njai & Others*, which established that a licensee or employee cannot claim adverse possession as their occupation is with the permission of the owner. The burden of proof lies with the party asserting the existence of a fact, as outlined in the Evidence Act.
- Application: The court found that the plaintiff had occupied the land since 1997 without the defendant's consent, and the defendant failed to provide sufficient evidence to support his claim of an employment relationship. The court concluded that the plaintiff's occupation was open, notorious, and uninterrupted for over 19 years, satisfying the requirements for adverse possession.

6. Conclusion:
The court ruled in favor of the plaintiff, confirming his claim to the property based on adverse possession and dismissing the defendant's counter-claim for eviction. This decision underscores the importance of establishing clear ownership and the rights of individuals who occupy land continuously and openly.

7. Dissent:
There were no dissenting opinions noted in this case.

8. Summary:
The case concluded with the court granting judgment to the plaintiff, Patrick Tsangare Mangale, affirming his rights to the land based on adverse possession and dismissing the defendant's counter-claim. The ruling highlights the legal principles surrounding adverse possession and the necessity for clear evidence in disputes over land ownership.

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