Ngala (Suing on behalf and suing as Administrator of the Estate of Ngala Ziro Ngala) & another v Mombasa Parents Club t/a Nyali School Complex Mixed Boarding High School & another (Enviromental and Land Originating Summons 119 of 2014) [2025] KEELC 4452 (KLR)
The bottom line
#The Environment and Land Court in Malindi dismissed a family's adverse possession claim over Kilifi land, finding their occupation was with the owner's permission, not hostile.
What this practically means
#Executive summary
#Key legal issues
#Whether the Plaintiffs acquired the suit property by adverse possession
Claim failed; occupation was permissive and evidence contradictory
Although the Plaintiffs' occupation was open, actual, continuous and known to the owner, PW1 admitted the 2nd Defendant permitted the family to remain after the 1992 Chief's baraza. Their accounts of how they entered the land - gift by Mzee Mwandege, allocation during adjudication, or marriage connection - conflicted, so the claim was not proved on a balance of probabilities.
Whether the 1st Defendant was entitled to damages of Kshs. 10,000,000/- per month
Disallowed for lack of substantiation
The 1st Defendant asserted in its replying affidavit that the suit prevented construction and cost it Kshs. 10,000,000 monthly, but led no evidence to prove or quantify the loss; damages cannot be awarded on bare assertion.
Costs
Costs follow the event; plaintiffs to pay defendants' costs
Under Section 27 of the Civil Procedure Act costs follow the event. Having lost, the plaintiffs jointly and severally were ordered to meet the defendants' costs.
Legal principles established
#- Adverse possession requires possession that is hostile, actual, open, continuous, exclusive and without the owner's permission for 12 years; possession under the owner's licence defeats the claim
- Where land has been through adjudication and first registration, time for adverse possession runs from first registration
Court orders
#- 1.The Plaintiffs' Further Amended Originating Summons filed on 19/6/2019 is dismissed
- 2.The 1st Defendant's claim for damages of Kshs. 10,000,000/- per month is disallowed
- 3.The Plaintiffs jointly and severally shall meet the defendants' costs of the suit
- Jurisdiction invoked
- Section 38 of the Limitation of Actions Act and Order 37 of the Civil Procedure Rules, 2010 (adverse possession claim by Originating Summons)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ngala (Suing on behalf and suing as Administrator of the Estate of Ngala Ziro Ngala) & another v Mombasa Parents Club t/a Nyali School Complex Mixed Boarding High School & another (Enviromental and Land Originating Summons 119 of 2014) [2025] KEELC 4452 (KLR)", Case Analysis (2025). Further Amended Originating Summons filed 19/6/2019 (Malindi ELC). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4452/eng@2025-06-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.