Litu & 26 others v Bomet (Enviromental and Land Originating Summons E010 of 2022) [2025] KEELC 4043 (KLR)
The bottom line
#The Environment and Land Court struck out an adverse possession claim because the plaintiffs sued over their late parents' land without first obtaining letters of administration.
What this practically means
#Executive summary
#Key legal issues
#Whether plaintiffs acquired title by adverse possession
Claim failed; suit struck out as incompetent because plaintiffs lacked locus standi and the existence of an undischarged charge and an unresolved caution raised jurisdictional questions
Although plaintiffs pleaded occupation since 1983, PW1 testified he lived on the land only twenty years, casting doubt on possession predating the 1989 charge. A caution by non-party Musa Luvisia remains in force and Section 72(2) bars inconsistent dispositions. Further, plaintiffs sued on behalf of their deceased parents' estates without grants of letters of administration, so lacked capacity. On formal proof the burden remained on plaintiffs, which they did not discharge.
Elements of adverse possession
Court restated the Katana elements: land registered in another's name, open and exclusive possession adverse to the owner's title, and occupation in excess of twelve years without permission
The court adopted Wilson Kazungu Katana and added Richard Wefwafwa Songoi's requirement that possession be without the owner's permission, and Wambugu v Njuguna on when possession under a sale agreement becomes adverse. It also noted the claim was over a definite portion of land per Muthuita v Wanoe.
Legal principles established
#- A litigant suing on behalf of a deceased's estate must first obtain a grant of letters of administration to have locus standi
- The burden of proving a case on a balance of probabilities rests on the plaintiff even where the suit proceeds by formal proof
Court orders
#- 1.The instant suit generated by way of Originating Summons dated 25th March 2022 is hereby struck out
- 2.No orders as to costs
- Jurisdiction invoked
- Articles 40 and 66 of the Constitution, Sections 17 and 38 of the Limitation of Actions Act, Order 37 Rule 7 of the Civil Procedure Rules 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Litu & 26 others v Bomet (Enviromental and Land Originating Summons E010 of 2022) [2025] KEELC 4043 (KLR)", Case Analysis (2025). Originating Summons dated 25th March 2022 (ELC, Kapsabet). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4043/eng@2025-05-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.