You’ll Lose Your Land if it Stays Idle for 10 Years, Rules Court in Case of Kenyan in Diaspora Whose Land Was Developed By Someone Else

A person who doesn’t develop his land for over 10 years has no right to claim ownership, a court has ruled.

Environment and Land Court judge Anne Omollo made the decision in a case where Abdalla Juma, a marine engineer, lost his two-acre land in Mombasa to a businessman who developed it while he was abroad.

Justice Omollo ruled that although there was proof that Mr Juma bought the land in 1982 and had all original registration titles, he could not reclaim the land after it was sold to the businessman who went ahead to develop it.

“Equity aids the vigilant not the indolent. He was the first to buy the land but failed to take physical possession to bar interest in future buyers. I cannot therefore find that the second buyer engaged in fraud when he had the land registered in his name and went ahead to develop it,” Omollo ruled.

Juma said he bought the two parcels of land in Mtwapa, Mombasa County from a Tobana Bashek in February 1982. He then contracted a surveyor to prepare the deed plans which he took to the Land Control Board and later issued with the title deeds.

– standardmedia.co.ke

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