Henry Kathiora Muratha & another v Florence Gacheri Muriungi (Sued as the administrator of the estate of William Peter Muriungi (Deceased) [2021] KEELC 1991 (KLR)
The bottom line
#A Kenyan court ruled that land buyers who stayed on sold land for over 12 years after their agreement lapsed became its rightful owners through adverse possession.
What this practically means
#Executive summary
#Key legal issues
#Whether the plaintiffs acquired title by adverse possession
Yes - their occupation ceased to be permissive after 31.8.2002 when the sale agreement lapsed, and they remained in open, continuous and notorious possession for over 12 years, denying the plaintiffs' interests through the succession cause.
The court applied the Mtana Lewa definition of adverse possession and the Wambugu v Njuguna principle that a purchaser's possession becomes adverse once the contract is repudiated or terminates. The 8.6.2002 agreement required completion by 31.8.2002 and no amended agreement existed, so permission lapsed by 1.9.2002. Titles issued to the deceased in 2008 showed no intention to transfer. The defendant's 2010 succession petition, under which the parcels were awarded to her and her sons, evidenced non-recognition of the plaintiffs' interests.
Legal principles established
#- Where a purchaser entered with the seller's consent under a sale agreement that has lapsed or been terminated, adverse possession runs from the date the permission/contract ceased.
- Adverse possession requires possession that is not by force, stealth or licence, is continuous, open and adverse for twelve years.
Court orders
#- 1.Declaration that HENRY KATHIORA MURATHA and JULIUS BUNDI RIMBERE have become entitled by adverse possession to ¼ acres each of parcels no. NYAKI/KITHOKA/xxxx & xxxx respectively
- 2.Order for HENRY KATHIORA MURATHA to be registered as sole proprietor of parcel NYAKI/KITHOKA/xxxx and JULIUS BUNDI RIMBERE as sole proprietor of parcel NYAKI/KITHOKA/xxxx by the Land Registrar, Meru Central District
- 3.The Defendant to execute all requisite transfer instruments, and in default the Deputy Registrar empowered to execute the transfer instruments on her behalf
- 4.The defendant shall bear the costs of this suit
- Jurisdiction invoked
- Section 38 of the Limitation of Actions Act and Order 37 rule 7 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Henry Kathiora Muratha & another v Florence Gacheri Muriungi (Sued as the administrator of the estate of William Peter Muriungi (Deceased) [2021] KEELC 1991 (KLR)", Case Analysis (2021). Originating Summons dated 18.9.2018 (Meru ELC). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/1991/eng@2021-09-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.