Annah Nabukwangwa (Suing as the Attorney of Andrew Pani Wasike Munyole (Donor) & another v Pius Juma Manyilila & 3 others [2020] KEELC 3899 (KLR)
The bottom line
#A Bungoma court ruled that long-term buyers who occupy land openly for over 12 years can defeat a registered owner's claim and gain ownership.
What this practically means
#Executive summary
#Key legal issues
#Whether the 1st defendant proved a constructive trust over 2 acres of the suit land
Yes - the Donor holds 2 acres in trust for the 1st defendant, who purchased 2¼ acres in 1977 and took possession
The 1st defendant produced a sale agreement dated 4th August 1977 with the Donor's uncles and a letter from the Bayemba Clan Chairman confirming the sale. Though the vendors had no capacity to sell, he took possession in 1977 and remains there. A constructive trust is an equitable remedy guarding against unjust enrichment; the Donor, registering himself as owner of the whole land in 1993, remained a trustee of the portion sold and occupied.
Whether the 2nd defendant acquired 4 acres by adverse possession
Yes - his father purchased 4 acres in 1975, completed payment in 1981, and the family occupied openly, peacefully and uninterruptedly for over 12 years before suit
The 2nd defendant's father took possession under a sale agreement of 3rd November 1975 and paid the last instalment on 23rd October 1981. Under Public Trustee v Wanduru, limitation ran from payment; by the Originating Summons of 28th March 2013 the 12-year period had lapsed. The change of registration to the Donor in 1993 did not interrupt possession, and a claim may relate to a portion of land.
Whether the defendants were trespassers liable to injunction and eviction
No - the plaintiff's claim failed because the defendants established overriding interests over the portions they occupy
The Donor, as registered proprietor, enjoys rights under Sections 27-28 of the repealed Registered Land Act and Sections 24-25 of the Land Registration Act 2012, including the right to eject trespassers. However, registration is subject to overriding interests including trusts and rights acquired under the limitation law, which the defendants proved over their respective portions.
Legal principles established
#- Trusts, including constructive trusts, are overriding interests affecting registered land and must be proved as a question of fact
- A purchaser in possession who has paid the purchase price is a person in whose favour the limitation period for adverse possession can run, reckoned from payment
- A mere change of ownership of land occupied by a party in adverse possession does not interrupt that possession
Court orders
#- 1.The plaintiff's suit is dismissed
- 2.Judgment entered for the defendants as against the plaintiff: the Donor holds 2 acres out of land parcel EAST BUKUSU/SOUTH KANDUYI/761 in trust for the 1st defendant
- 3.The 2nd defendant has acquired 4 acres out of land parcel EAST BUKUSU/SOUTH KANDUYI/761 by way of adverse possession
- 4.The Donor, through the plaintiff, to execute within 30 days of judgment the necessary documents to facilitate transfer of 2 acres to the 1st defendant and 4 acres to the 2nd defendant
- 5.In default, the Deputy Registrar of the Court to execute the said documents on behalf of the Donor
- 6.The plaintiff to meet the costs of the dismissed plaint and the Originating Summons and Counter-Claims
- Jurisdiction invoked
- Original jurisdiction of the High Court/Environment and Land Court over land claims, including claims for adverse possession under Section 38 of the Limitation of Actions Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Annah Nabukwangwa (Suing as the Attorney of Andrew Pani Wasike Munyole (Donor) & another v Pius Juma Manyilila & 3 others [2020] KEELC 3899 (KLR)", Case Analysis (2020). Bungoma High Court Civil Case No. 85 of 2009 consolidated with Bungoma Environment and Land Court Civil Case No. 84 of 2013. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/3899/eng@2020-01-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.