Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELCDismissedNot stated in judgment (in respect of the 2nd Defendant's Notice of Motion dated 27/3/2025)· [2026] KEELC 1001 (KLR)

Muiruri & 23 others v National Land Commission & another (Enviromental and Land Originating Summons E004 of 2025) [2026] KEELC 1001 (KLR)

Environment and Land Court
19 February 2026
1,841 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~7 min to read original · ~4 min brief

The bottom line

#

The Environment and Land Court refused to throw out a landowners' adverse possession claim, ruling their 25-year occupation allegations must be tested at a full trial.

What this practically means

#

Executive summary

#
The 2nd Defendant, through a notice of motion dated 27/3/2025 brought under Sections 1A, 1B and 3A of the Civil Procedure Act, Section 26(a) of the Limitation of Actions Act and Order 2 Rule 15(1) of the Civil Procedure Rules, sought striking out of the Plaintiffs' Originating Summons claiming a declaration of adverse possession over LR No. 5982 and its subdivisions. The Applicant, through its Director Leonard Nduati Kariuki, asserted it is the registered proprietor and has been in exclusive, quiet possession since 1984, that the Plaintiffs are strangers committing fraud, and that the suit discloses no reasonable cause of action, is frivolous, vexatious and an abuse of process. The application was unopposed, and only the Applicant filed submissions, relying on Mtana Lewa v Kahindi Ngala Mwangandi and DT Dobie & Company (Kenya) Ltd v Muchina. The court determined the matter on its merits notwithstanding the lack of opposition. It reiterated that striking out is a drastic, discretionary remedy exercised sparingly, citing Blue Shield Insurance v Oguttu and Kenyariri v Double Win. Applying section 38 of the Limitation of Actions Act and the Mtana Lewa ingredients of adverse possession, the court found the Plaintiffs pleaded occupation from 2000, exceeding the 12-year statutory period, so the summons discloses a reasonable cause of action and raises triable issues of fact suitable for trial. The Notice of Motion was dismissed entirely with no orders as to costs.

Key legal issues

#
01

Whether the suit should be struck out under Order 2 Rule 15(1) of the Civil Procedure Rules

Holding

The application fails; the Originating Summons discloses a reasonable cause of action and raises triable issues

Reasoning

The court applied Order 2 Rule 15 and the settled test that striking out is discretionary and drastic, citing DT Dobie, Blue Shield and Kenyariri. The Plaintiffs pleaded continuous occupation from 2000, exceeding the 12-year statutory period under section 38 of the Limitation of Actions Act. Since proof of the ingredients of adverse possession requires evidence to be tested at trial, the court could not hold the suit frivolous, vexatious or an abuse of process on the pleadings alone. Unopposed applications are still determined on merits.

p. 4
02

Ingredients of a claim in adverse possession

Holding

Adverse possession requires actual, open, continuous and uninterrupted possession adverse to the registered proprietor for at least 12 years

Reasoning

Citing Mtana Lewa v Kahindi Ngala Mwangandi, the court restated that adverse possession arises where a person takes possession asserting rights and the title owner omits to act for 12 years; possession must be neither by force, stealth nor licence and must be adequate in continuity, publicity and extent. The Plaintiffs allege occupation from 2000, which on the face of the pleadings meets the statutory threshold, so the claim must go to trial.

p. 4

Legal principles established

#
  • Striking out pleadings is a drastic, discretionary remedy that should be used sparingly and only where a pleading is clearly untenable
  • A suit disclosing triable issues of fact cannot be summarily determined on an application

Court orders

#
  1. 1.The Notice of Motion Application dated 27/3/2025 is dismissed entirely with no orders as to costs.

Authorities

#

Legislation

  • Civil Procedure ActSections 1A, 1B, 3A
  • Limitation of Actions ActSection 26(a)
  • Limitation of Actions ActSection 38(1)
  • Civil Procedure RulesOrder 1 Rule 3; Order 2 Rule 15(1)(a), (b) and (d)

Cases cited (5)

  • Mtana Lewa v Kahindi Ngala Mwangandi
    (2015) eKLR
  • DT Dobie & Company (Kenya) Ltd v Muchina
    (1982) KLR 1
  • Kenyariri v Double Win Company Ltd and 2 others
    [2024] KEELC 1609 (KLR)
  • Blue Shield Insurance Company Ltd v Joseph Mboya Oguttu
    [2009] eKLR
  • Cail Zeiss Stiftung v Ranjuer & Keeler Ltd and others (No. 3)
    (1970) ChpD 506
Jurisdiction invoked
Sections 1A, 1B and 3A of the Civil Procedure Act; Section 26(a) of the Limitation of Actions Act; Order 2 Rule 15(1) of the Civil Procedure Rules

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Muiruri & 23 others v National Land Commission & another (Enviromental and Land Originating Summons E004 of 2025) [2026] KEELC 1001 (KLR)", Case Analysis (2026). Not stated in judgment (in respect of the 2nd Defendant's Notice of Motion dated 27/3/2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1001/eng@2026-02-19

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