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ELCDismissedNot stated in judgment (Notice of Motion dated 28th April 2025)· [2025] KEELC 6936 (KLR)

Mulongo v Wanjala (Enviromental and Land Originating Summons E020 of 2025) [2025] KEELC 6936 (KLR)

Environment and Land Court
8 October 2025
2,741 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~11 min to read original · ~4 min brief

The bottom line

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The Environment and Land Court in Kakamega refused to stop a registered landowner from dealing with his land because the 12-year adverse possession clock had not run.

What this practically means

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Executive summary

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This is a ruling of the Environment and Land Court at Kakamega (A. Nyukuri, J) on a Notice of Motion dated 28th April 2025 in which the applicant, Charles Kutoyi Mulongo, sought a temporary injunction restraining the respondent, Patrick Mutenyo Wanjala, from selling, transferring, leasing or interfering with the applicant's occupation and use of LR No. North Wanga/Khalaba/1801 pending the hearing of the suit. The applicant claimed to have purchased the land in 2004 from Fatuma Naliaka Kuta, taken possession, built a home and farmed it for over 15 years, and alleged that the respondent was 'miraculously' registered as owner while residing in Nairobi. The respondent opposed, asserting that he acquired the suit property through a successful adverse possession claim in Kakamega ELC No. 36 of 2018, in which judgment delivered on 14th May 2019 the court found Fatuma Naliaka Kuta lacked capacity to sell and ordered transfer of six parcels to him, with titles issued on 4th March 2020 (the judgment notes registration on 5th March 2022). The court framed one issue: whether the applicant met the threshold for a temporary injunction. Applying Giella v Cassman Brown and related authorities, the court held that a claimant asserting adverse possession against registered land must establish a prima facie case of adverse possession, irreparable injury and balance of convenience. Because the respondent's title derived from a final 2019 judgment and subsequent registration, the limitation period had not run; the applicant therefore failed to establish a prima facie case and the application was dismissed with costs to the respondent.

Key legal issues

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01

Whether the applicant met the Giella v Cassman Brown threshold for a temporary injunction

Holding

No. The applicant could not demonstrate a prima facie case of adverse possession because the 12-year limitation period had not run against the respondent's title, which was founded on a 2019 judgment and registration in 2022

Reasoning

The court held that while adverse possession is an overriding interest under section 28 of the Land Registration Act, the respondent's title arose from a final judgment in Kakamega ELC No. 36 of 2018 determining adverse possession in his favour, followed by registration. The period from that determination/registration to the filing of this suit in 2025 falls far short of the 12 years prescribed by sections 7 and 38 of the Limitation of Actions Act.

p. 6
02

Whether the injunction could issue against a registered proprietor

Holding

A registered proprietor enjoys absolute and indefeasible title under sections 24, 25 and 26 of the Land Registration Act, subject only to overriding interests under section 28, including rights acquired under the Limitation of Actions Act

Reasoning

The court reproduced sections 24, 25 and 26 of the Land Registration Act confirming the conclusiveness of certificate of title, and noted section 28(h) and (j) overriding interests for prescriptive rights. It held that the registered owner's rights cannot be interfered with without lawful justification, and any adverse-possession-based claim must satisfy the limitation threshold on the applicant's material.

p. 5

Legal principles established

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  • An applicant seeking an injunction over land registered in another's name on the basis of adverse possession must establish a prima facie case of adverse possession with chances of success, irreparable injury, and balance of convenience
  • Without a prima facie case, inquiry into irreparable injury and balance of convenience is unnecessary

Court orders

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  1. 1.The Notice of Motion dated 28th April 2025 is dismissed
  2. 2.Costs of the application are awarded to the respondent
Jurisdiction invoked
Order 40 Rule 1 of the Civil Procedure Rules (inherent power to grant temporary injunctions pending suit)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Mulongo v Wanjala (Enviromental and Land Originating Summons E020 of 2025) [2025] KEELC 6936 (KLR)", Case Analysis (2025). Not stated in judgment (Notice of Motion dated 28th April 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6936/eng@2025-10-08

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.