Kisaju Farm Limited & another v Shukla (Enviromental and Land Originating Summons E006 of 2023) [2025] KEELC 5693 (KLR)
The bottom line
#The Environment and Land Court in Kajiado declared that a company which openly occupied land for 16 years became its lawful owner through adverse possession.
What this practically means
#Executive summary
#Key legal issues
#Whether the Plaintiffs acquired Kajiado/Kisaju/1160 by adverse possession
Yes. The Plaintiffs proved open occupation of the suit property from 2008 for over 12 years, adverse to the Defendant's title, notwithstanding the Defendant's non-participation.
The court found the property was transferred to the Defendant in 2006 on payment of a deposit only, and that under a 2007 agreement the deposit was refunded and the Plaintiffs took possession in 2008, fenced it and occupied it for 16 years without interruption. Applying the nec vi, nec clam, nec precario standard, and noting uncontroverted evidence still requires proof, the court was satisfied the burden was discharged.
Legal principles established
#- In an adverse possession claim, the claimant must prove possession that was nec vi, nec clam, nec precario and adverse to the defendant's title
- Uncontroverted evidence does not automatically entitle a claimant to judgment; the burden of proof must still be discharged
Court orders
#- 1.A declaration that the Plaintiffs have acquired title to the land known as Kajiado/Kisaju/1160 by way of Adverse Possession
- 2.The Land Registrar is directed to register the Plaintiffs as the owners of the land known as Kajiado/Kisaju/1160
- 3.There shall be no order as to costs
- Jurisdiction invoked
- Section 38 of the Limitation of Actions Act and other enabling provisions
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kisaju Farm Limited & another v Shukla (Enviromental and Land Originating Summons E006 of 2023) [2025] KEELC 5693 (KLR)", Case Analysis (2025). Originating Summons dated 23rd September 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5693/eng@2025-07-31
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.