Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELCAllowedCivil Suit No. 917 of 2017· [2019] KEELC 3131 (KLR)

William Koipitat Mayon v Lucas Daudi Muthamia & 4 others [2019] KEELC 3131 (KLR)

Environment and Land Court
30 May 2019
2,355 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~9 min to read original · ~4 min brief

The bottom line

#

A Kajiado court ruled that someone living openly on land for over 12 years can become its legal owner, even after the land changes hands.

What this practically means

#

Executive summary

#
The Plaintiff, William Koipitat Mayon, brought an Originating Summons dated 6 December 2013 under Order 37 rule 7(1) of the Civil Procedure Rules and sections 7, 37 and 38 of the Limitation of Actions Act, seeking a declaration that he had acquired nine parcels of land in Kajiado/Kaputiei-North by adverse possession and an order directing the Land Registrar to register him as proprietor. The Respondents, the registered owners of the parcels since 1992, were served by substituted service but neither entered appearance nor filed a defence; interlocutory judgment was entered in October 2014 and the matter proceeded to formal proof on 13 December 2018, again after substituted service of the hearing notice. The Plaintiff testified that the suit lands were subdivisions of parcel Kajiado/Kaputiei North/663, originally registered in his mother's name, who sold them to Esther Njeri, from whom the Respondents acquired titles in 1992. Despite the transfers, the Plaintiff and his extended family never vacated the land, residing and grazing livestock on it openly, continuously and without permission for over 20 years; the Respondents never occupied the land or asserted their rights. Applying section 38 of the Limitation of Actions Act and the principles in Ahmed Abdulkarim, Wambugu v Njuguna and Githu v Ndeete, the court held that the Plaintiff's uncontroverted possession for more than 12 years was adverse to the Respondents' rights; the transfer of the land did not interrupt the possession, and the Respondents' titles were extinguished in 2004 upon expiry of 12 years. The court allowed the Originating Summons, extinguished the Respondents' titles, declared the Plaintiff the owner by adverse possession, ordered the District Land Registrar Kajiado to register him as proprietor, and awarded costs to the Plaintiff.

Key legal issues

#
01

Whether the Applicant acquired title to the suit lands by adverse possession

Holding

Yes. The Applicant and his family were in open, continuous, exclusive and uninterrupted possession of the suit lands for more than 20 years without the Respondents' permission; the Respondents' titles, acquired in 1992, were extinguished in 2004 upon lapse of 12 years, whereafter the Respondents held the land in trust for the Applicant.

Reasoning

Section 38(1) and (2) of the Limitation of Actions Act governs adverse possession claims over registered land. The court set out the conditions: continuous and uninterrupted possession without the owner's consent, interests inconsistent with those of the true owner, open and notorious possession, actual possession, and exclusive possession. The uncontroverted evidence showed the Applicant and his family never left the land despite its subdivision, sale to Esther Njeri and transfer to the Respondents in 1992. The Respondents never occupied the land or objected. Relying on Githu v Ndeete, the transfers did not interrupt the adverse possession. The 12-year limitation period ran from 1992 and matured in 2004.

p. 4

Legal principles established

#
  • A change of ownership of land occupied by a person in adverse possession does not interrupt that person's adverse possession; the rights being acquired under section 7 of the Limitation of Actions Act are overriding interests binding on a new registered purchaser.
  • To establish adverse possession the claimant must show clear identity of the claim and the land, open, exclusive, continuous and uninterrupted possession for 12 years or more.

Court orders

#
  1. 1.Declaration that the Respondents' titles to the suit parcels were extinguished in 2004 upon expiration of 12 years since the Plaintiff had been in possession from 1992
  2. 2.Declaration that the Plaintiff acquired the suit parcels (resultant subdivisions of Kajiado/Kaputiei North/663) by way of adverse possession
  3. 3.The District Land Registrar Kajiado to register the Plaintiff as proprietor of the suit parcels in place of the Respondents
  4. 4.Costs of the suit awarded to the Plaintiff/Applicant
Jurisdiction invoked
Order 37 rule 7(1) and sections 3 & 3A of the Civil Procedure Act, and sections 7, 37 & 38 of the Limitation of Actions Act (Cap 22)

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "William Koipitat Mayon v Lucas Daudi Muthamia & 4 others [2019] KEELC 3131 (KLR)", Case Analysis (2019). Civil Suit No. 917 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/3131/eng@2019-05-30

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.