Murage v Gichane & 2 others (Environment and Land Case 4 of 2023) [2025] KEELC 8115 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the Plaintiff acquired title by adverse possession
Yes - possession became adverse from 15th July 2007 and title vested on 15th July 2019
The sale agreement of 15th January 2007 granted permission to take possession, but for want of Land Control Board consent within six months it became null and void under sections 6(1) and 8 of the Land Control Act. With the permission lapsed, possession became adverse from 15th July 2007 when the last instalment was paid. No interruption occurred, so after twelve years the deceased's title to the half acre was extinguished.
Whether a constructive trust arose in favour of the Plaintiff
Yes - full payment of purchase price plus being put into possession created a constructive trust on the half acre
The court found as a fact that the plaintiff paid the full purchase price and was put in exclusive possession of a clearly delineated half acre. Equity regards that as creating a constructive trust in the purchaser's favour, which the defendants as legal representatives of the estate are bound to honour; succession proceedings could not transmit land already held in trust and whose title was extinguished.
Whether the defence allegation of forgery of the sale agreement was proved
No - the allegations were dismissed for want of proof
The 2nd Defendant alleged the sale agreement was a forgery and a fraudulent document but adduced no evidence to support the allegation and had neither reported the matter to the police nor commenced criminal proceedings. Mere assertion without evidentiary support could not displace the exhibited written agreement and acknowledged payments.
Legal principles established
#- Adverse possession runs against a purchaser in possession from the date of payment of the purchase price / last instalment
- Where a sale agreement lapses for want of Land Control Board consent within six months, the permission to occupy lapses and the purchaser's possession becomes adverse
- Payment of full purchase price plus possession gives rise to a constructive trust binding on the vendor's beneficiaries
Court orders
#- 1.That the subdivision emanating from land parcel Mutira/Kirimunge/1403 be and are hereby ordered to be cancelled and land parcel Mutira/Kirimunge/1403 be restored to the name of Gichane Gakunyi (Deceased)
- 2.That one half (1/2) acre portion to be excised out of land parcel Mutira/Kirimunge/1403 and to be transferred to Peter Mugo Murage, the Plaintiff herein on account of having acquired title to the same by way of adverse possession/constructive trust
- 3.The Deputy Registrar of the Court be and is hereby authorised to execute such documents as may be necessary to give effect to the Judgment
- 4.Parties to bear their own costs of the suit
- Jurisdiction invoked
- Section 38 of the Limitation of Actions Act (application to be registered as proprietor by adverse possession); original civil jurisdiction of the Environment and Land Court
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Murage v Gichane & 2 others (Environment and Land Case 4 of 2023) [2025] KEELC 8115 (KLR)", Case Analysis (2025). Environment and Land Case 4 of 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8115/eng@2025-11-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.