Simon Kilinge Kingoo & 11 others v Amos Kamia Nguku & 4 others [2019] KEELC 4682 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether purchasers from non-owners (the deceased's wife and son) can claim adverse possession against the deceased's Estate
Yes. Entry by purchase, even where the purchase is void because the seller lacked capacity, starts time running for adverse possession if occupation is adverse to the registered owner's interests
The Plaintiffs purchased portions between 1993 and 2004 from Rebecca (the registered proprietor's wife) and the 4th Defendant (his son), neither of whom was the registered owner. The court held that the legality of the entry is irrelevant so long as the possession is adverse, uninterrupted and without the permission of the owner or administrators. The Estate's denial of the Plaintiffs' beneficial ownership combined with failure to evict for over 12 years drew the inference of adverse possession.
Whether occupation amounting to intermeddling with a deceased's Estate defeats an adverse possession claim
No. Although the occupation constitutes intermeddling under the Law of Succession Act, that illegality does not defeat adverse possession accrued for over twelve years
The Interested Parties argued intermeddling under Section 45(2) of the Law of Succession Act. The court accepted the occupation amounted to intermeddling but held the entry need only be under some right, not a lawful one. Adverse possession law requires that entry not be by permission or consent of the owner, which was satisfied here since the administrators admitted the Plaintiffs entered without permission and never sought eviction.
When time begins to run where Letters of Administration were granted only in 2012
Time runs from the date of occupation of the land, not from the grant of Letters of Administration
The administrators were granted Letters of Administration in 2012, long after the Plaintiffs settled on the land from 1993. Relying on Ojwang J's dictum that the squatter's business is to squat and possess, the court held the squatter's interest lies in dominion over the land; administration of the Estate is irrelevant to the accrual of adverse possession.
Legal principles established
#- Entry onto land by way of purchase, even where the purchase is null and void, starts time running for adverse possession if the occupation is adverse to the interests of the registered owner or his predecessor in title; illegality of the entry does not defeat the claim
- Time for adverse possession runs against the registered proprietor from the date of occupation, not from the date administrators obtain Letters of Administration
- Occupation contrary to the Law of Succession Act (intermeddling) cannot in itself defeat a claim for adverse possession
Court orders
#- 1.The Plaintiffs are entitled by virtue of adverse possession in their respective shares of the parcel of land known as Mavoko Town/Block 3/2668
- 2.Machakos Land Registrar to register the Plaintiffs as proprietors of the parcel of land known as Mavoko Town/Block 3/2668
- 3.Each party to bear his/her own costs
- Jurisdiction invoked
- Original jurisdiction under the Environment and Land Court Act to determine a claim for adverse possession of registered land (Originating Summons procedure)
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (2)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Sugut v Koech (Enviromental and Land Originating Summons E013 of 2023) [2025] KEELC 400 (KLR)[2025] KEELC 400 (KLR)6 Feb 2025
- Runya & 3 others v Mugo & 6 others (Environment & Land Case 17 of 2020 & 15 & 122 of 2021 (Consolidated)) [2024] KEELC 1544 (KLR)[2024] KEELC 1544 (KLR)21 Feb 2024
Cite this brief
#Cite this brief
Caselaw, "Simon Kilinge Kingoo & 11 others v Amos Kamia Nguku & 4 others [2019] KEELC 4682 (KLR)", Case Analysis (2019). Originating Summons dated 11th December, 2015. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/4682/eng@2019-01-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.