Gichuki (Suing as the Administrator of the Estate of Gichuki Chege (Deceased)) v Mukora & another (Enviromental and Land Originating Summons 929 of 2000) [2019] KEELC 1108 (KLR)
The bottom line
#A Kenyan court confirmed that land occupied openly for over 12 years can be claimed even after either the owner or occupier has died.
What this practically means
#Executive summary
#Key legal issues
#Whether the deceased acquired the suit property by adverse possession
Yes. The deceased took open, continuous and uninterrupted possession in 1974, asserted ownership rights by developing the property, and remained in occupation for over 19 years until his death in 1994; his possession was adverse to the registered owner.
The court found the plaintiff's evidence as to entry in 1974, the developments and occupation corroborated and unchallenged. The court held the validity of the sale agreements immaterial since the claim rested on adverse possession. The defence that no administrator existed for Mukaria's estate until 1992 failed, as Section 16 of the Limitation of Actions Act deems an administrator to claim without interval of time between death and grant, so limitation ran from 1974.
Whether the registration of the defendants as proprietors was lawful
No. By the time of the grant in 1992, Mukaria's title had been extinguished under section 17 of the Limitation of Actions Act, so the suit property was not available for distribution and the defendants' registration was unlawful; they hold the property in trust for the deceased's estate.
Since the deceased's adverse possession had matured before the grant issued, the property could not pass by transmission to Mukaria's beneficiaries. The court invoked section 38(1) of the Limitation of Actions Act to entitle the plaintiff, as administrator, to be registered as owner.
Legal principles established
#- Death of a registered owner of land does not stop time from running for the purposes of adverse possession; an administrator claims as if there were no interval between death and the grant of letters of administration.
Court orders
#- 1.Judgment entered for the plaintiff against the defendants jointly and severally as prayed in the Originating Summons dated 19th June, 2000
- 2.The estate of the deceased declared to have acquired the suit property by adverse possession
- 3.Cancellation of the registration of the defendants as proprietors and registration of the plaintiff as owner of the suit property as administrator of the estate of the deceased
- 4.Plaintiff awarded the costs of the suit
- Jurisdiction invoked
- Original jurisdiction under the Limitation of Actions Act, Chapter 22 Laws of Kenya, Section 38(1), for a claim of adverse possession
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Gichuki (Suing as the Administrator of the Estate of Gichuki Chege (Deceased)) v Mukora & another (Enviromental and Land Originating Summons 929 of 2000) [2019] KEELC 1108 (KLR)", Case Analysis (2019). Originating Summons dated 19th June, 2000. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/1108/eng@2019-10-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.