Pimpala wrote:Hi, does the Law Of Adverse Posession also apply to commercialproperties or only shamba's?
The provision relating to Adverse possession is to be found in Section 38 of the Limitations of Actions Act. If you look at that provision carefully as read with Order 37 Rule 7 of the Civil Procedure Rules it is clear that the following conditions must be satisfied for one to file suit for adverse possession: Factual possession-you must be ON the land, Animus possidendi (intention to possess, not intention to own) and Possession is adverse meaning that this staying on the land MUST be uninterrupted. The key word is 'land'. Commercial premises do not fall under the description envisaged in Section 38 unless you are squatting on land that has a commercial building in which case you will be entitled to the portion of land that you are on
possunt quia posse videntur