Manason Ogendo Afwanda v Alice Awiti Orende & another [2020] KEELC 104 (KLR)

The plaintiff produced a written sale agreement showing the purchase price of Kshs. 25,000 paid in full on execution, with signatures of the parties and witnesses including the Assistant Chief. The 1st defendant did not dispute the agreement; her only complaint was an unproved expectation that the plaintiff would assist with subdivision and succession. Compliance with the statutory writing requirement under Section 3(3) of the Law of Contract Act was found, and the document served as evidence of the date possession was taken.

The plaintiff built a house, lived on the land for five years, planted blue gum trees harvested ten times, and terraced the land, all openly and to the exclusion of the owner. The 1st defendant knew of the entry and never re-entered or sued to interrupt possession; her later sale to the 2nd defendant was made without disclosure and did not break the possession. Twelve years had elapsed by the time the suit was filed, so the plaintiff's right had accrued and vested.

Counsel for the defendants argued that the 1st defendant lacked locus standi in 2002 as the land was registered in her deceased husband's name and that the claim should have been brought against the estate. The court nonetheless found the agreement valid, undisputed and in writing, and relied on authority that a purchaser in possession after paying the price is a person in whose favour limitation can run, without being deflected by the registration point.