William Koipitat Mayon v Lucas Daudi Muthamia & 4 others [2019] KEELC 3131 (KLR)
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
#Key legal issues
#Whether the Applicant acquired title to the suit lands by adverse possession
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.
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.
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.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.Declaration that the Plaintiff acquired the suit parcels (resultant subdivisions of Kajiado/Kaputiei North/663) by way of adverse possession
- 3.The District Land Registrar Kajiado to register the Plaintiff as proprietor of the suit parcels in place of the Respondents
- 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.