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ELCDismissedOriginating Summons dated 20th January 2019 (should have been 2020), amended October 2023· [2025] KEELC 6615 (KLR)
Koigi & another v Muriithi & 5 others (Enviromental and Land Originating Summons 2 of 2020) [2025] KEELC 6615 (KLR)
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·~12 min to read original · ~4 min briefThe bottom line
#What this practically means
#Executive summary
#The 1st and 2nd Plaintiffs, son and mother, sued by Originating Summons seeking to be registered as proprietors of land parcels Baragwe/Raimu/1500 and 1509 on the strength of adverse possession. They alleged the 2nd Plaintiff bought 1½ acres from the late Kathece Gatongu under an oral agreement, and that on subdivision in 1997/1998 they entered the resultant parcels and remained in open, continuous and exclusive occupation for over 27 years. The suit land was later transferred to Samson Mbui Obadiah Kogi in 2005 and, upon his death in 2019, to the 2nd to 7th Defendants as beneficiaries under Kerugoya CM Succession Cause No. 391 of 2019. The Defendants denied the Plaintiffs' occupation, asserting the deceased purchased the parcels from the 1st Defendant in 2005, litigated over them in Embu HCCC No. 25 of 2008, built rental houses, collected rent until his death, and that the 2nd Plaintiff was merely a caretaker. The court framed a single issue: whether the Plaintiffs proved adverse possession. Relying on Mtana Lewa and Mate Gitabi, the court held the Plaintiffs failed: their possession was permissive between relatives, they acquiesced in the deceased's construction of rental units and rent collection (which interrupted any running of time), they produced no corroboration of occupation since 1998, and no proof of payment under the alleged oral sale, without which time never began to run. The suit was dismissed with no order for costs, each party bearing their own costs given the parties' relationship.
Key legal issues
#01
Whether the Plaintiffs acquired title to Baragwe/Raimu/1500 and 1509 by adverse possession
Holding
No; the claim failed on a balance of probabilities
Reasoning
The Plaintiffs' evidence of continuous occupation since 1998 was uncorroborated by receipts, records or independent witnesses. The deceased built rental houses, collected rent until his death in 2019, and the 1st Plaintiff acquiesced, showing possession was permissive, not hostile. The alleged oral sale was unproven as no consideration was shown, so time never began to run.
Legal principles established
#- Where possession follows a sale agreement, time for adverse possession only starts to run upon full payment of the purchase price
- An adverse possessor who allows the title holder to erect permanent structures and collect rent without resistance has not dispossessed the owner; such acquiescence interrupts any running of time
- Adverse possession requires possession that is open, continuous, exclusive and hostile, nec vi, nec clam, nec precario
Court orders
#- 1.The suit is dismissed
- 2.Parties shall bear their own costs of the suit
- Jurisdiction invoked
- Sections 7, 13 and 38(1) of the Limitation of Actions Act (adverse possession claim over registered land)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Koigi & another v Muriithi & 5 others (Enviromental and Land Originating Summons 2 of 2020) [2025] KEELC 6615 (KLR)", Case Analysis (2025). Originating Summons dated 20th January 2019 (should have been 2020), amended October 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6615/eng@2025-10-02
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.