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ELCPartially AllowedOriginating Summons dated 9th January 2024· [2025] KEELC 4926 (KLR)

China Jiangsu International Economic-Technical Cooperation Corporation East African Company v China Jiangsu International Economic Technical Co-operation Corporation Limited (Enviromental and Land Originating Summons E011 of 2024) [2025] KEELC 4926 (KLR)

Environment and Land Court
3 July 2025
COChristine Ochieng
1,861 words in judgment
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The bottom line

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A Kenyan court handed a company ownership of land it openly occupied for over 12 years, showing adverse possession claims can succeed even undefended.

What this practically means

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Executive summary

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The Plaintiff, a Kenyan-incorporated limited liability company, brought an Originating Summons dated 9 January 2024 seeking a declaration that it had acquired title to Land Reference Number 3734/428 by adverse possession and an order that it be registered as proprietor in place of the Defendant, the registered owner. PW1, Guo Huadong, a director and chairman of the Plaintiff, testified that the Plaintiff entered the suit land peaceably in 2009, finding it unoccupied and apparently abandoned, and has since operated a hardware shop and construction materials yard, housed staff on site, paid land rates in the Defendant's name and obtained water, electricity and internet connections. Affidavits of three employees appointed in 2012 corroborated continuous open occupation. Despite substituted service through the Daily Nation on 11 November 2024, the Defendant neither entered appearance nor filed a defence, and the suit proceeded undefended. The court, applying sections 7 and 38 of the Limitation of Actions Act and Court of Appeal authorities on the elements of adverse possession, found the uncontroverted evidence proved open, notorious, exclusive and unpermitted occupation exceeding twelve years, such that the Defendant's title was extinguished and it held the land in trust for the Plaintiff. The court declared the Plaintiff entitled to be registered as proprietor and ordered registration accordingly. Notably, although the Plaintiff sought costs against the Defendant, the court ordered the Plaintiff to bear its own costs.

Key legal issues

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01

Whether the Plaintiff acquired title by adverse possession of LR No. 3734/428

Holding

Yes - the Plaintiff entered in 2009 without permission, occupied openly, uninterruptedly and notoriously for over 12 years, and is entitled to be registered as proprietor in place of the Defendant.

Reasoning

Sections 7 and 38 of the Limitation of Actions Act bar recovery of land after 12 years and permit registration of an adverse possessor. The uncontroverted evidence - entry in 2009 onto abandoned land, development, payment of rates, utility connections, employee affidavits from 2012 and photographs - established nec vi, nec clam, nec precario occupation. Time ran from 2009 and expired by 2021. The Defendant, though duly served by substituted service, did not enter appearance, so the evidence stood uncontroverted.

p. 4

Legal principles established

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  • A claimant in adverse possession must prove exclusive, open, uninterrupted possession as of right for 12 years
  • Once a party has occupied land openly, notoriously and without permission for over twelve years, the registered owner holds title in trust for the adverse possessor

Court orders

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  1. 1.An order that the Plaintiff China Jiangsu International Economic Technical Cooperation Corporation East African Company be registered as the proprietor of Land Reference Number 3734/428 in place of the Defendant China Jiangsu International Economic Technical Co-operation Corporation Limited
  2. 2.Plaintiff to bear its own costs
Jurisdiction invoked
Sections 7 and 38(1) and (2) of the Limitation of Actions Act

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "China Jiangsu International Economic-Technical Cooperation Corporation East African Company v China Jiangsu International Economic Technical Co-operation Corporation Limited (Enviromental and Land Originating Summons E011 of 2024) [2025] KEELC 4926 (KLR)", Case Analysis (2025). Originating Summons dated 9th January 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4926/eng@2025-07-03

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.