Issack v Basheik & another (Enviromental and Land Originating Summons E001 of 2024) [2025] KEELC 5550 (KLR)
The bottom line
#A Mombasa court awarded a man ownership of 2 acres he had openly farmed since 2011, proving land can be legally acquired through long, uncontested occupation.
What this practically means
#Executive summary
#Key legal issues
#Whether the Plaintiff acquired title by adverse possession
Yes - the Plaintiff proved open, continuous, uninterrupted and exclusive possession of 2 acres from 2011, exceeding 12 years before filing suit in 2024.
The court applied Sections 7, 13, 17, 37 and 38 of the Limitation of Actions Act and the elements in Gabriel Mbui v Mukindia Maranya. The Plaintiff occupied since 2011, farming and rearing livestock, without interruption by the registered owners. The site visit corroborated occupation. Possession was adequate in continuity, publicity and extent, and adverse to the registered owner.
Whether the Plaintiff is entitled to the orders sought
Yes - the claim succeeds and judgment is entered in terms of the Amended Originating Summons, including registration of 2 acres in the Plaintiff's name.
The court found adequate possession in continuity, publicity and extent, adverse to the registered owner. Because defendants never appeared despite proper substituted service, the plaintiff's evidence stood unchallenged, but the court still required proof on a balance of probabilities, which it found discharged.
Who bears the costs of the suit
Costs follow the event; the successful Plaintiff is awarded costs.
Relying on Section 27(1) of the Civil Procedure Act and case law, the court held that the successful party is typically entitled to costs absent compelling reasons, and the Plaintiff having established his case receives the costs of the Amended Originating Summons.
Legal principles established
#- In a formal proof hearing, uncontroverted evidence does not automatically relieve the plaintiff of the burden of proving the case on a balance of probabilities.
- A claimant seeking title by adverse possession must prove actual, open, continuous, exclusive and non-permissive possession for the statutory period of 12 years.
Court orders
#- 1.Judgment entered in favour of the Plaintiff in terms of the Amended Originating Summons dated 19th January, 2024 in its entirety
- 2.Declaration that the defendants' title No. Plot 382 CR.2532 is extinguished to the extent of 2 acres in favour of the Plaintiff by way of adverse possession
- 3.Plaintiff entitled to be registered forthwith as owner of 2 acres of Plot No. 382 SEC.II MN AS CR.2532 held on adverse possession since 2011
- 4.Land Registrar at Mombasa to register a portion of 2 acres in the name of the Plaintiff absolutely
- 5.Plaintiff awarded costs of the Amended Originating Summons dated 19th January, 2024
- Jurisdiction invoked
- Article 162(2) of the Constitution of Kenya 2010, Section 13 of the Environment and Land Court Act and Section 38 of the Limitation of Actions Act
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Warui v Karuu (Environment and Land Appeal E024 of 2023) [2026] KEELC 4168 (KLR)[2026] KEELC 4168 (KLR)8 Jul 2026
Cite this brief
#Cite this brief
Caselaw, "Issack v Basheik & another (Enviromental and Land Originating Summons E001 of 2024) [2025] KEELC 5550 (KLR)", Case Analysis (2025). ELCLOS/E001/2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5550/eng@2025-07-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.