Wamanje & another v Awori (Enviromental and Land Originating Summons E012 of 2023) [2025] KEELC 6907 (KLR)
The bottom line
#A Kenyan court gave a man land he openly farmed and lived on for 18 years, ruling his occupation legally transferred ownership despite the registered owner's title.
What this practically means
#Executive summary
#Key legal issues
#Whether the 2nd Plaintiff established adverse possession of the suit land
Yes - he occupied the suit land openly, peacefully and without interruption from 2005, exceeding the 12-year limitation period
The 2nd Plaintiff's evidence that he entered the suit land in 2005 and used it for grazing, farming and erecting structures was un-rebutted, the Defendant having filed no response. By the time suit was filed in 2023 he had occupied for 18 years, well beyond the statutory 12 years, and the occupation was open, notorious, peaceful and un-interrupted.
Whether the 1st Plaintiff was a proper party
No - his own case showed he sold land out of parcel Samia/Bukhangala 'A'/156, not the suit land
The register showed parcel 156 was registered in the name of the 1st Plaintiff's father, Wamanje Aiyo, who was not sued. The 1st Plaintiff could not claim adverse possession of the suit land and his name was struck out.
Legal principles established
#- To be entitled to land by adverse possession, the claimant must prove exclusive possession openly and as of right without interruption for 12 years
- Possession must be without force, stealth or permission of the owner
Court orders
#- 1.The 1st Plaintiff's name is struck out from the Originating Summons
- 2.The 2nd Plaintiff has acquired by way of adverse possession the land parcel No Samia/Bukangala/'A'/152
- 3.The Defendant shall within 30 days of being served with this judgment surrender to the Land Registrar Busia the original title for the land parcel No Samia/Bukangala/'A'/152 for cancellation and registration of the same in the name of the 2nd Plaintiff
- 4.In the absence of the original title deed, the Land Registrar Busia shall cancel the Defendant's title and the Deputy Registrar shall execute any relevant documents on behalf of the Defendant
- 5.No order as to costs
- Jurisdiction invoked
- Order 37 of the Civil Procedure Rules; Sections 37 and 38 of the Limitation of Actions Act; Section 28(b) of the Land Registration Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Wamanje & another v Awori (Enviromental and Land Originating Summons E012 of 2023) [2025] KEELC 6907 (KLR)", Case Analysis (2025). Originating Summons dated 13th October 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6907/eng@2025-10-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.