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ELCAllowedOriginating Summons dated 19th May 2025· [2026] KEELC 740 (KLR)

Nafas v Kebondo (Enviromental and Land Originating Summons E010 of 2025) [2026] KEELC 740 (KLR)

Environment and Land Court
12 February 2026
EAE. Asati
1,491 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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What this practically means

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Executive summary

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By Originating Summons dated 19th May 2025, the plaintiff claimed the whole of land parcel N. Maragoli/Gavudia/537 by adverse possession, seeking declarations that he had been in adverse possession for over 12 years and had acquired title, that the respondent held the title in trust for him, and orders for transfer and execution of transfer documents. The case rested on the plaintiff's claim that his father bought the land in 1976 from one Isaac Igunda and took possession, and that the plaintiff established his home on the land in 1993, residing there with his family and cultivating it, planting trees and bananas, openly and without the respondent's permission. The respondent was personally served with the Originating Summons and with the hearing notice but filed no response and did not attend court, so the matter proceeded undefended. The plaintiff testified and called two witnesses, producing a land sale agreement with translation, a court order dated 27/11/1986, a certificate of official search and photographs. Counsel relied on Richard Wefwafwa v Ben Munyiwa Songoi (2020) eKLR and Wambugu v Njuguna (1983) KLR. Framing the sole issue as whether the plaintiff had acquired title by adverse possession, the court found the occupation actual, open, continuous and uninterrupted for over 12 years, adverse to the respondent's title, which was extinguished under section 17 of the Limitation of Actions Act, with the plaintiff's rights protected as an overriding interest under section 28(h) of the Land Registration Act. Judgment was entered for the plaintiff with declarations and an order for transfer, failing which the Deputy Registrar to execute the documents. Each party was ordered to bear its own costs.

Key legal issues

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01

Whether the plaintiff acquired title to N. Maragoli/Gavudia/537 by adverse possession

Holding

Yes. The plaintiff's entry and occupation since 1993 was open, continuous, uninterrupted and without the respondent's permission, extinguishing the respondent's title under section 17 of the Limitation of Actions Act; the plaintiff's right is an overriding interest under section 28(h) of the Land Registration Act.

Reasoning

The certificate of official search showed the respondent was registered owner on 3/9/1985. The uncontroverted evidence of PW1, PW2 and PW3 established that the plaintiff entered the land in 1993, built his home, resides there with his family, cultivates and planted trees and bananas. Occupation was with the knowledge but without the permission of the respondent, actual, open, continuous and uninterrupted for over 12 years, hence adverse to the respondent's title.

p. 3

Legal principles established

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  • Section 17 of the Limitation of Actions Act extinguishes the title of a registered owner after the limitation period in adverse possession
  • Rights acquired under limitation law are overriding interests under section 28(h) of the Land Registration Act

Court orders

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  1. 1.A declaration that the applicant has acquired title by adverse possession to land parcel number N. Maragoli/Gavudia/537
  2. 2.A declaration that the respondent's title to land title number N. Maragoli/Gavudia/537 has become extinguished and that the respondent now holds the title in trust for the applicant
  3. 3.An order for transfer of land parcel number N. Maragoli/Gavudia/537 to the applicant by the respondent forthwith, in default of which the Deputy Registrar to execute all documents and instruments necessary to effect the transfer and registration
  4. 4.Each party to bear own costs of the suit
Jurisdiction invoked
Original jurisdiction under the Limitation of Actions Act and Land Registration Act (adverse possession claim by Originating Summons)

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, "Nafas v Kebondo (Enviromental and Land Originating Summons E010 of 2025) [2026] KEELC 740 (KLR)", Case Analysis (2026). Originating Summons dated 19th May 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/740/eng@2026-02-12

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