Katana & 7 others (Suing on His Behalf and Behalf of 41 others) v Ndegwa; National Lands Commission (Third party) (Originating Summons E002 of 2024) [2025] KEELC 1187 (KLR)
The bottom line
#The Environment and Land Court in Malindi transferred ownership of 127 acres to 42 families who had lived and farmed the land for over 50 years.
What this practically means
#Executive summary
#Key legal issues
#Whether the applicants satisfied the requirements for adverse possession
Yes. The applicants and 41 other families were in continuous, uninterrupted occupation of the identifiable suit property for over 50 years, unchallenged by the respondent; the summons was allowed as prayed.
Section 7 of the Limitation of Actions Act bars recovery of land after 12 years, and section 13 makes adverse possession the exception. Adverse possession attaches to land, not title. The applicants were born on the land, cultivated it and built homes there for over 50 years; the respondent never appeared, mounted a defence, or took steps to evict. A postal search and photographs identified the land and occupation, and a title extract was attached as required by Order 37 Rule 7 of the Civil Procedure Rules.
Legal principles established
#- A claim for adverse possession is attached to land, not title.
- Identification of the land in possession of the adverse possessor is an integral part of proving adverse possession.
Court orders
#- 1.The Originating Summons dated 18th January, 2024 is allowed as prayed
- 2.A declaration that the applicants have acquired the suit property Plot No. CR. 6196 124/IV/MN by adverse possession
- 3.Cancellation of the title and registration in the applicants' names
- 4.No order as to costs
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court under the Limitation of Actions Act and Order 37 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Katana & 7 others (Suing on His Behalf and Behalf of 41 others) v Ndegwa; National Lands Commission (Third party) (Originating Summons E002 of 2024) [2025] KEELC 1187 (KLR)", Case Analysis (2025). Originating Summons dated 18th January, 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/1187/eng@2025-03-12
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.