Chairman Luanda Cotton Farmers Cooperative Limited & another v Small and Company Limited Samia Ginnery (Land Case (Originating Summons) E001 of 2024) [2025] KEELC 8043 (KLR)
The bottom line
#A Kenyan court handed a co-operative union ownership of land it occupied for decades, confirming that adverse possession claims run from registration, not earlier occupation.
What this practically means
#Executive summary
#Key legal issues
#Whether the Plaintiffs proved adverse possession of the suit land
Yes - proved to the required standard, judgment entered for the 1st Plaintiff
The Plaintiffs' un-rebutted evidence established open, peaceful, continuous, notorious and uninterrupted occupation running a cotton ginnery since before the Defendant's registration. Time ran from 23rd May 1979, giving 46 years' occupation by the date of suit, well beyond the 12-year limitation period under Section 38(1) of the Limitation of Actions Act. The court found the threshold in the cited precedents met and declared the Defendant's title extinguished.
Commencement date of the limitation period
23rd May 1979, the date of the Defendant's registration, not 1965
Adverse possession presupposes a title holder against whom possession is adverse. The suit land was first registered in the Defendant's name on 23rd May 1979; before then the alleged 1965 purchase from Small Company LTD could not confer or defeat registered title. Time therefore ran from registration, yielding 46 years of occupation rather than the 58 years pleaded.
Proper plaintiff where the union sued through both Chairman and Secretary
The 1st and 2nd Plaintiffs are one entity; judgment entered only for the 1st Plaintiff
The court observed that joining the union through its Chairman and Secretary as two plaintiffs was unnecessary duplication since both described the same body corporate. The operative orders were therefore made in favour of the 1st Plaintiff only, and registration directed in the name of Luanda Cotton Farmers Co-operative Union.
Legal principles established
#- Time for adverse possession runs only from the date the paper owner is registered as owner of the land, not from earlier occupation preceding registration
- Open, peaceful, continuous and uninterrupted occupation for the limitation period entitles the occupier to be declared owner under Section 38(1) of the Limitation of Actions Act
Court orders
#- 1.Declared that the 1st Plaintiff has acquired land parcel No. Samia/Luanda-Mudoma/1043 by way of adverse possession
- 2.Declared that the Defendant's right to the land parcel has been extinguished by operation of law
- 3.Ordered the Defendant to surrender the original title deed to the Land Registrar Busia within 30 days for cancellation and registration in the name of the 1st Plaintiff, Luanda Cotton Farmers Co-operative Union
- 4.Ordered that in default, the Land Registrar shall cancel the title and register the land in the name of the 1st Plaintiff
- 5.Empowered the Deputy Registrar to execute all relevant documents to facilitate the registration
- 6.Granted a permanent injunction restraining the Defendant, its agents, servants and all claiming under it from interfering with the Plaintiff's use, possession and occupation of the suit land
- 7.No orders as to costs
- Jurisdiction invoked
- Original civil jurisdiction of the Environment and Land Court under Article 162(2)(b) of the Constitution and the Environment and Land Court Act (claim for adverse possession over registered land; specific provision not cited in judgment)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Chairman Luanda Cotton Farmers Cooperative Limited & another v Small and Company Limited Samia Ginnery (Land Case (Originating Summons) E001 of 2024) [2025] KEELC 8043 (KLR)", Case Analysis (2025). Originating Summons dated 28th December 2023, amended 3rd March 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8043/eng@2025-11-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.