Salim & 4 others v Allan George Njogu Residences Limited & another (Enviromental and Land Originating Summons E008 of 2024) [2025] KEELC 3428 (KLR)
The bottom line
#Kenya's Environment and Land Court ruled that a missing certified title extract doesn't kill an adverse possession case if the land and owner are clearly identifiable.
What this practically means
#Executive summary
#Key legal issues
#Whether failure to annex a certified extract of title to an adverse possession originating summons under Order 37 Rule 7 renders it incompetent and liable to be struck out
The objection fails; the defect is curable because the 1st Defendant admits ownership and the plaintiffs exhibited a Gazette Notice establishing the registered proprietor and the parcel
The court held that the purpose of the extract of title is to identify the title holder, the date of acquisition, and the existence of the suit land. Where, as here, the 1st Defendant acknowledged ownership and exhibited deed plans, and the plaintiffs annexed a Gazette Notice dated 11/6/2021 confirming registered ownership, the court could with precision determine the parcel and proprietor. The omission was therefore a curable procedural defect, not a fatal one.
Legal principles established
#- The requirement to annex a certified extract of title under Order 37 Rule 7 is satisfied where the court can with precision determine the parcel claimed and its proprietor; the defect is procedural and curable where title is not in issue
Court orders
#- 1.The notice of preliminary objection dated 29/1/2025 is dismissed with no orders as to costs
- 2.The matter shall be listed for mention on 4/6/25 for confirmation of compliance and issuance of a hearing date
- Jurisdiction invoked
- Article 162(2)(b) jurisdiction of the Environment and Land Court (not expressly cited); adverse possession claim under Sections 7 and 38 of the Limitation of Actions Act, Cap 22
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Salim & 4 others v Allan George Njogu Residences Limited & another (Enviromental and Land Originating Summons E008 of 2024) [2025] KEELC 3428 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3428/eng@2025-04-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.