Ndung’u alias Francis Kabuti Ndung’u v Njuguna & another (Suing as the Registered Trustees of Christian Fellowship Church) Currently Grace Commission Global Church) (Environment and Land Appeal E046 of 2024) [2025] KEELC 7545 (KLR)
The bottom line
#Kenya's Environment and Land Court confirmed that magistrates' courts cannot decide adverse possession claims, so the Kandara judgment was set aside.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction of magistrates' courts over adverse possession claims
The lower court had no jurisdiction to entertain the adverse possession claim; the judgment was set aside on that ground alone
The Court of Appeal in Sugawara vs Kiruti settled the question, holding that Section 38 of the Limitation of Actions Act vests jurisdiction over adverse possession claims exclusively in the High Court. Before that decision the Environment and Land Court had been split. Applying Owners of Motor Vessel 'Lilian S', a court without jurisdiction cannot take a single further step, so the magistrate's judgment was a nullity and had to be set aside without considering the ten grounds of appeal.
Whether the court should determine the ten grounds of appeal on the merits
The court declined to determine the grounds, preserving the Respondent's right to file the suit afresh in the Environment and Land Court
Because the Environment and Land Court has original jurisdiction in adverse possession cases, the Respondent may refile the claim, which would come before the same judge. To ensure a fair hearing in any fresh suit, the judge deliberately refrained from making findings on the ten grounds of appeal, which would otherwise prejudice the parties in the refiled case.
Legal principles established
#- Magistrates' courts do not have jurisdiction to determine claims of adverse possession; by virtue of Section 38 of the Limitation of Actions Act only the High Court does
- A court without jurisdiction must down its tools and cannot take any further step in the proceedings
Court orders
#- 1.The appeal is allowed
- 2.The judgment of the lower court dated 6-9-2022 and all consequential orders are set aside
- 3.Each party to bear its own costs in the lower court and in this court
- On appeal from
- Kandara Magistrate's Court
- MCL and E 4 of 2021
- Jurisdiction invoked
- Section 38 of the Limitation of Actions Act (vesting original jurisdiction over adverse possession claims in the High Court/Environment and Land Court on appeal)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ndung’u alias Francis Kabuti Ndung’u v Njuguna & another (Suing as the Registered Trustees of Christian Fellowship Church) Currently Grace Commission Global Church) (Environment and Land Appeal E046 of 2024) [2025] KEELC 7545 (KLR)", Case Analysis (2025). Kandara Magistrate's Case No. MCL and E 4 of 2021 (appeal therefrom). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7545/eng@2025-11-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.