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ELCAllowedOriginating Summons dated 27th February, 2024· [2026] KEELC 702 (KLR)

Ngeno v Chepkwony (Sued in his capacity as the legal representative of Taplule w/o Kenda - Deceased) & another (Enviromental and Land Originating Summons E001 of 2024) [2026] KEELC 702 (KLR)

Environment and Land Court
12 February 2026
3,972 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~16 min to read original · ~4 min brief

The bottom line

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A Kericho court awarded a man 1.5 acres of land he had openly occupied and farmed for over 40 years, even though the title belonged to someone else.

What this practically means

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Executive summary

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The Plaintiff, Simon Cheruiyot Ngeno, brought an Originating Summons dated 27th February, 2024 under Order 37 Rule 7 of the Civil Procedure Rules and Section 38 of the Limitation of Actions Act, seeking a declaration that he had acquired 1.5 acres of land parcel No. Kericho/Getarwet/89 by adverse possession, an order compelling the 2nd Defendant to execute mutation and transfer forms, a permanent injunction against interference with his possession, and costs. He testified that in 1982 his father settled him on the portion bordering the suit parcel, registered in the name of Taplule w/o Kenda (deceased), where he fenced it, planted trees, tea and napier grass, and later dug fish ponds. In 2006 a survey for the sale of part of his mother's parcel (Kericho/Getarwet/87) to Soet Primary School revealed that the portion he occupied belonged to the suit parcel. The Defendants' family protested but took no steps to reclaim the land until 2020, when Eric Chepkwony cut down his trees and assaulted him. The Defendants filed no response, did not attend the hearing, and filed no submissions. The court, applying Kasuve vs Mwaani Investments Limited and Richard Wefwafwa Songoi v Ben Munyifwa Songoi, found that the Plaintiff had been in open, exclusive and uninterrupted possession for over twelve years and had proved his claim. The court declared the Plaintiff entitled to 1.5 acres by adverse possession, directed the Defendants to execute transfer documents within 90 days (failing which the Deputy Registrar would execute them), issued a permanent injunction, and awarded the Plaintiff costs.

Key legal issues

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01

Whether the Plaintiff acquired 1.5 acres of Kericho/Getarwet/89 by adverse possession

Holding

Yes - the Plaintiff proved possession since 1982, open, exclusive and uninterrupted for over twelve years, save for a 2020 incident of tree felling and assault.

Reasoning

The Plaintiff testified that his father settled him on the portion in 1982, where he fenced it and planted trees, tea and napier grass. The 2006 survey revealed the land belonged to the suit parcel registered to Taplule w/o Kenda. Apart from the 2020 incident, the Defendants never evicted him or reclaimed the land. Possession was therefore open, exclusive and uninterrupted for well over 12 years, satisfying the test in Kasuve vs Mwaani Investments and Richard Wefwafwa Songoi.

02

Whether the Plaintiff is entitled to the orders sought in the Originating Summons

Holding

Yes - having proved adverse possession, the Plaintiff is entitled to all the orders sought.

Reasoning

The court held that the finding on adverse possession flows directly into entitlement to the remedies: declaration of title, an order compelling execution of transfer documents, and a permanent injunction. The Defendants did not file a response or submissions and did not appear at the hearing, leaving the Plaintiff's uncontroverted evidence intact.

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Who should bear costs of the suit

Holding

The successful Plaintiff was awarded costs under Section 27 of the Civil Procedure Act.

Reasoning

The court applied the general rule that costs follow the event, and no reason was advanced to depart from awarding the successful party costs.

p. 9

Legal principles established

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  • To acquire land by adverse possession the claimant must prove exclusive, open and uninterrupted possession for 12 years, either after dispossessing the owner or upon discontinuation of possession by the owner.
  • A person claiming adverse possession must show the date of entry, nature of possession, knowledge of the owner, duration and that possession was open and undisturbed for 12 years.

Court orders

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  1. 1.The Plaintiff is declared to have acquired a one-and-a-half-acre portion of land comprised in Kericho/Getarwet/89 by way of adverse possession.
  2. 2.The Defendants are directed to execute all necessary documents for the subdivision, transfer and registration of the one-and-a-half-acre portion of Kericho/Getarwet/89 in the Plaintiff's name within 90 days of delivery of the judgment.
  3. 3.In default, the Deputy Registrar of the Court shall execute the said documents.
  4. 4.A permanent injunction restraining the Defendants, their agents, nominees, servants or representatives from interfering with the Plaintiff's possession of the one-and-a-half-acre portion of Kericho/Getarwet/89.
  5. 5.The Plaintiff shall have costs of the suit.

Authorities

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Legislation

  • Limitation of Actions ActSection 38(1) and (2)
  • Civil Procedure RulesOrder 37 Rule 7
  • Civil Procedure ActSection 27

Cases cited (3)

  • Kasuve vs Mwaani Investments Limited & 4 others
    1 KLR 184
  • Richard Wefwafwa Songoi v Ben Munyifwa Songoi
    [2020] eKLR
  • Andafu v Akhuonya (Civil Appeal 70 of 2019)
    2025 KECA 714 KCR
Jurisdiction invoked
Order 37 Rule 7 of the Civil Procedure Rules and Section 38 of the Limitation of Actions Act

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, "Ngeno v Chepkwony (Sued in his capacity as the legal representative of Taplule w/o Kenda - Deceased) & another (Enviromental and Land Originating Summons E001 of 2024) [2026] KEELC 702 (KLR)", Case Analysis (2026). Originating Summons dated 27th February, 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/702/eng@2026-02-12

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