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ELCAllowedOriginating Summons dated 18th July 2012 (Amended 28th November 2012), transferred from Machakos High Court to Kajiado ELC· [2025] KEELC 7550 (KLR)

Muli & another v Nakumama & 3 others (Environment and Land Case 184 of 2017) [2025] KEELC 7550 (KLR)

Environment and Land Court
30 October 2025
6,312 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
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The bottom line

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A Kajiado court ruled that buyers who occupied land they purchased in 1987 had legally owned it through adverse possession, even without title transfer.

What this practically means

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Executive summary

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By an Originating Summons dated 18th July 2012 (amended 28th November 2012), first filed at Machakos High Court and later transferred to the Environment and Land Court at Kajiado, the Plaintiffs sought a declaration that they had acquired thirty (30) acres of LR No. Kajiado/Kaputiei-Central/839 and its resultant subdivisions (2345-2348) by adverse possession, an order compelling the Defendants to transfer the land to them, and in default, execution of transfer documents by the Deputy Registrar. They relied on three sale agreements executed in 1987 and 1988 for thirty acres at Kshs. 2,000 per acre, asserting full payment by 1989 and continuous, exclusive occupation since 1987, including construction of a permanent house and receipt of SGR compulsory acquisition compensation. The 1st to 3rd Defendants acknowledged only the 1987 agreement for ten acres, contended only Kshs. 10,000 was paid, that later possession was permissive (to recover the deposit), and that suit was filed before the expiry of twelve years from registration in 2001. The 4th Defendant did not participate. The court found the sale agreements authentic, the advocate's evidence unshaken, and the 2nd Defendant's testimony inadmissible hearsay. Relying on Wilson Kazungu Katana, Wambugu v Njuguna, Willy Kimutai Kitilit and related authorities, it held that the Plaintiffs' occupation was open, continuous, exclusive and hostile to the title under section 38 of the Limitation of Actions Act, and that lack of Land Control Board consent did not preclude equitable doctrines. Judgment was entered for the Plaintiffs with an order for transfer within ninety days, default execution by the Deputy Registrar, and costs to the Plaintiffs.

Key legal issues

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01

Whether the Plaintiffs acquired thirty (30) acres by adverse possession

Holding

Yes. The Plaintiffs entered under the 1987-1988 sale agreements, took immediate possession, and were in continuous, exclusive, open and uninterrupted occupation hostile to the title holders since 1987, well beyond the twelve-year statutory period.

Reasoning

The court found the sale agreements genuine, supported by the advocate who drafted them, and found the full purchase price paid per the unshaken schedule of payments. The 2nd Defendant's testimony, given by a child at the time of the transactions and based on parental hearsay, carried no probative value. The 1st Defendant acknowledged the Plaintiffs' presence and facilitated removal of their caution, confirming open occupation.

p. 10
02

Whether lack of Land Control Board consent defeats the equitable claim

Holding

No. Lack of consent does not preclude equitable doctrines such as constructive trust and proprietary estoppel.

Reasoning

Following Court of Appeal authority, the court held that the absence of Land Control Board consent does not bar the court from giving effect to equitable principles, including constructive trust, in respect of land controlled by the Land Control Act.

p. 10
03

Whether the 2nd Defendant's evidence was admissible

Holding

No. His testimony was hearsay lacking probative value and the court could not rely on it.

Reasoning

The 2nd Defendant was a child of tender years at the time of the 1987-1988 transactions and testified on information from his parents. His challenge to the thumbprints was unverified by any analysis, so the Plaintiffs' evidence stood effectively uncontroverted.

p. 10
04

Whether the occupied land, though untransferred, could support registration

Holding

Yes. Though unidentifiable by title, the land can be surveyed to enable registration to proceed.

Reasoning

The court found that the absence of a title or precise beaconing was no bar; a survey could be carried out to define the Plaintiffs' thirty acres within the subdivisions of parcel 839, as indeed a 2022 survey had mapped their occupation.

p. 10

Legal principles established

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  • Possession under a sale agreement, when the vendor fails to transfer after registration, can mature into adverse possession; continuous, exclusive, open and uninterrupted occupation hostile to the title for the statutory period entitles the occupier to registration.
  • Lack of Land Control Board consent does not preclude the application of equitable doctrines such as constructive trust in land sale transactions.

Court orders

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  1. 1.That the Plaintiffs have by adverse possession acquired an interest LR No. Kajiado/Kaputiei/839 measuring approximately thirty (30) acres and or resultant subdivisions LR No. Kajiado/Kaputiei Central/2348, 2347, 2346 and 2345 and the Defendants are hereby ordered to transfer it to the Plaintiffs within Ninety (90) days from the date of this Judgement
  2. 2.In Default the Deputy Registrar of this Hon. Court do execute the necessary documents to facilitate transfer of the land in (a) above to the Plaintiff
  3. 3.That the Plaintiffs shall have costs of this suit
Jurisdiction invoked
Original jurisdiction under sections 38 of the Limitation of Actions Act (Cap 22); suit transferred from Machakos High Court to the Environment and Land Court, Kajiado

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, "Muli & another v Nakumama & 3 others (Environment and Land Case 184 of 2017) [2025] KEELC 7550 (KLR)", Case Analysis (2025). Originating Summons dated 18th July 2012 (Amended 28th November 2012), transferred from Machakos High Court to Kajiado ELC. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7550/eng@2025-10-30

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