Kambi & 4 others v Ngala & 2 others (Environment and Land Case E001 of 2024) [2025] KEELC 6967 (KLR)
The bottom line
#Kenya's Environment and Land Court struck out an adverse possession suit because the claimants sued the wrong people, never the registered landowner.
What this practically means
#Executive summary
#Key legal issues
#Whether the suit should be struck out for non-joinder of the registered owner of the suit property
Yes. The title deed annexed shows the registered owner is not a party to the adverse possession claim, and the plaintiffs failed to amend the Originating Summons to join him despite being granted leave, so no claim can be upheld against the applicants.
An adverse possession claim seeks a declaration that the registered proprietor's title has been extinguished, so it must be brought against that proprietor, with ownership verified by a title extract. The annexed title deed showed the true registered owner was not a party. The defendants flagged the misnomer as early as October 24, 2024, and the plaintiffs were permitted to amend but did not, leaving no sustainable claim against the applicants.
Who should bear the costs
The plaintiffs (respondents) were ordered to pay the costs of the application and suit.
Having failed to correct the misnomer despite notice and an opportunity to amend, the plaintiffs caused the applicants to incur unnecessary costs. The court, framing costs as a core issue, made the striking out order 'with costs' against the plaintiffs.
Legal principles established
#- A claim for adverse possession must be brought against the registered proprietor of the suit property, whose ownership must be verified by an extract of title.
- Striking out pleadings is a drastic remedy to be used sparingly and only where a pleading is clearly untenable.
Court orders
#- 1.The current suit is struck out with costs
- Jurisdiction invoked
- Order 2 Rule 15 of the Civil Procedure Rules (jurisdiction to strike out pleadings)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kambi & 4 others v Ngala & 2 others (Environment and Land Case E001 of 2024) [2025] KEELC 6967 (KLR)", Case Analysis (2025). Not stated on the face of the extract. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6967/eng@2025-10-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.