Oteba v Matayo; Okello (Interested Party) (Enviromental and Land Originating Summons E015 of 2024) [2025] KEELC 5791 (KLR)
The bottom line
#A Busia court gave a man land he occupied openly for 18 years, but made him pay his own legal costs.
What this practically means
#Executive summary
#Key legal issues
#Whether the Plaintiff acquired title by adverse possession
Yes - 18 years of open, continuous and uninterrupted occupation since 2006, evidenced by possession of the original title deed, extinguished the Respondent's title
The Respondent was served by substituted service but filed no reply, so the Plaintiff's evidence stood uncontroverted. He purchased the land in 2006, took possession and established a home, and held the original title deed. Suit filed in 2024 followed 18 years of occupation, well beyond the statutory 12-year period, satisfying the tests in Kasuve, Kimani Ruchine and Shume.
Whether the Interested Party should be enjoined
No - his claim lies in a separate suit against the Respondent, subject to limitation of time
The Interested Party claimed his late father had purchased the same land from the Respondent in 1975. The court observed that since the land remains registered in the Respondent's name, an adverse possession claimant's recourse is to file his own suit against the registered owner; the court declined to determine his unprosecuted application.
Legal principles established
#- A claimant in adverse possession must prove exclusive, open possession as of right without interruption for 12 years, either after dispossessing the owner or after discontinuation of possession by the owner
- Such possession must be without force, stealth or the permission of the owner, and must be open, continuous, peaceful, notorious and with the knowledge of the owner
Court orders
#- 1.The Plaintiff has acquired the land parcel No Bukhayo/Lupida/645 by way of adverse possession
- 2.The Respondent's right to the land parcel No Bukhayo/Lupida/645 has been extinguished by effluxion of the law
- 3.The Plaintiff shall hand over the original title deed to the Land Registrar for cancellation and the Respondent shall within 30 days execute all relevant documents to facilitate registration of the Plaintiff as proprietor
- 4.In default, the Land Registrar Busia shall execute all such documents on behalf of the Respondent
- 5.The Plaintiff shall meet his own costs of the suit and the registration process
- Jurisdiction invoked
- Section 38(1) of the Limitation of Actions Act - application to the High Court for an order that the claimant in adverse possession be registered as proprietor
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Oteba v Matayo; Okello (Interested Party) (Enviromental and Land Originating Summons E015 of 2024) [2025] KEELC 5791 (KLR)", Case Analysis (2025). Originating Summons dated 23rd April 2024 (Bukhayo/Lupida/645). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5791/eng@2025-07-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.