Muli & another v Nakumama & 3 others (Environment and Land Case 184 of 2017) [2025] KEELC 7550 (KLR)
The bottom line
#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
#Executive summary
#Key legal issues
#Whether the Plaintiffs acquired thirty (30) acres by adverse possession
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.
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.
Whether lack of Land Control Board consent defeats the equitable claim
No. Lack of consent does not preclude equitable doctrines such as constructive trust and proprietary estoppel.
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.
Whether the 2nd Defendant's evidence was admissible
No. His testimony was hearsay lacking probative value and the court could not rely on it.
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.
Whether the occupied land, though untransferred, could support registration
Yes. Though unidentifiable by title, the land can be surveyed to enable registration to proceed.
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.
Legal principles established
#- 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
#- 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.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.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
#Practical implications
#Frequently asked questions
#Cite this brief
#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.