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ELCAllowedNot stated on the face of the extract· [2025] KEELC 6967 (KLR)

Kambi & 4 others v Ngala & 2 others (Environment and Land Case E001 of 2024) [2025] KEELC 6967 (KLR)

Environment and Land Court
9 October 2025
1,256 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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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

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Executive summary

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The defendants in an adverse possession suit brought a Notice of Motion dated June 5, 2025 seeking the striking out of the plaintiffs' Originating Summons dated October 4, 2024, with costs. The plaintiffs, claiming over 12 years' occupation, had sued the persons in occupation of the suit property, Kilifi/Kadzonzo Madzimbani/37, seeking an injunction and a declaration of ownership by adverse possession. The applicants pointed out that an annexed title deed showed the registered owner was someone else, and that they had flagged the misjoinder as early as October 24, 2024, yet the plaintiffs never amended the Originating Summons despite being granted leave to do so. Framing two issues - whether the suit should be struck out and who should bear the costs - Makori J. restated the settled principles that striking out is a drastic, sparingly exercised remedy governed by Order 2 Rule 15 of the Civil Procedure Rules, and that an adverse possession claim must be brought against the registered proprietor whose title is said to have been extinguished by prescription, following Abdirashid Adan Hassan v Estate of W H E Edgley. Holding that the registered owner was an unnecessary omission and that no claim could be upheld against the applicants at a hearing, the court struck out the suit with costs on October 9, 2025, delivering the ruling virtually at Malindi.

Key legal issues

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01

Whether the suit should be struck out for non-joinder of the registered owner of the suit property

Holding

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.

Reasoning

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.

p. 3
02

Who should bear the costs

Holding

The plaintiffs (respondents) were ordered to pay the costs of the application and suit.

Reasoning

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.

p. 3

Legal principles established

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  • 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

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  1. 1.The current suit is struck out with costs

Authorities

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Legislation

  • Civil Procedure RulesOrder 2 Rule 15
  • Civil Procedure RulesOrder 37 rule 7
  • Limitation of Actions ActSection 17

Cases cited (5)

  • Kenyariri v Double Win Company Ltd and 2 others
    [2024] KEELC 1609 (KLR)
  • Blue Shield Insurance Company Ltd vs Joseph Mboya Oguttu
    [2009] eKLR
  • D.T. Dobie and Company (Kenya) Ltd vs Muchina
    (1982) KLR 1
  • Cail Zeiss Stiftung vs Ranjuer & Keeler Ltd and others (No.3)
    (1970) ChpD 506
  • Abdirashid Adan Hassan v Estate of W H E Edgley
    [2022] KEELC 1114 (KLR)
Jurisdiction invoked
Order 2 Rule 15 of the Civil Procedure Rules (jurisdiction to strike out pleadings)

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, "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.