Siomo Farmers Co-operative Society v Kilel & 2 others (sued as the chairman, secretary and treasurer of Rerendet Self Help Group) (Environment & Land Case 3 of 2004) [2022] KEELC 3312 (KLR)
The bottom line
#The Environment and Land Court in Kericho confirmed that occupying land openly for over 12 years without the owner's permission can legally make you its owner.
What this practically means
#Executive summary
#Key legal issues
#Whether the Plaintiff acquired LR No. Kericho/Cheptalal/1803 by adverse possession
Yes - the Plaintiff proved actual, open, exclusive and hostile possession for over 29 years, well beyond the 12-year limitation period, and the Originating Summons was allowed in its entirety.
The Plaintiff purchased 0.3 hectares in 1975, paid the full price in instalments, and took immediate possession, erecting a fence, shop, store, dispensary, chief's and education offices. The sale was a controlled transaction rendered void for want of Land Control Board consent, so continued possession became adverse. Possession was uncontroverted, the defendants having failed to attend the exparte hearing, and was unaffected by the subsequent 2000 subdivision and transfer to the 2nd Defendant.
Legal principles established
#- Where a purchaser in a controlled transaction is permitted possession pending completion and the transaction becomes void for lack of Land Control Board consent, continued possession becomes adverse from the time the transaction becomes void.
- The combined effect of Sections 7, 13 and 17 of the Limitation of Actions Act extinguishes the registered proprietor's title in favour of an adverse possessor after 12 years.
- For adverse possession, time runs from the date the purchaser is granted possession after completing payment of the purchase price.
Court orders
#- 1.The Plaintiff's Originating Summons dated 26th January 2004 is allowed in its entirety as prayed
- 2.The Plaintiff is declared to have acquired 0.3 hectares comprised in LR No. Kericho/Cheptalal/1803 by way of Adverse Possession
- 3.A vesting order for transfer of the said 0.3 hectares to the Plaintiff
- 4.Each party to bear their own costs
- Jurisdiction invoked
- Section 38(1) of the Limitation of Actions Act and Order XXXVI Rule 3D of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Siomo Farmers Co-operative Society v Kilel & 2 others (sued as the chairman, secretary and treasurer of Rerendet Self Help Group) (Environment & Land Case 3 of 2004) [2022] KEELC 3312 (KLR)", Case Analysis (2022). Originating Summons dated 26th January 2004. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/3312/eng@2022-06-02
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.