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ELCPartially AllowedOriginating Summons dated 11/3/2024 (number not stated in judgment)· [2026] KEELC 1764 (KLR)

Sassoon & 2 others v Apollo Insurance Company Ltd (Land Case (Originating Summons) E016 of 2024) [2026] KEELC 1764 (KLR)

Environment and Land Court
19 March 2026
2,945 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
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The bottom line

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A Karen family who paid for land in the 1990s but never got the title transferred won ownership through adverse possession, confirming buyers can acquire title by occupation.

What this practically means

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Executive summary

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The Plaintiffs, a husband, wife and daughter, filed an originating summons dated 11 March 2024 seeking determination that the Defendant's title to Plot LR No. 194/31 (originally LR No. 194/4/3), measuring 0.5284 hectares on Marula Lane, Karen, Nairobi, had been extinguished by adverse possession, and seeking registration of the Plaintiffs as proprietors plus a permanent injunction. The 1st Plaintiff testified that the family occupied the property as tenants from 1991; in 1994 a company he directed, Christ Church Holdings (EA) Ltd, purchased the property from the Defendant for Kshs 2.4 million, which sum the Defendant acknowledged. Completion failed after the Defendant's advocates lost documents in the 7 August 1998 bomb blast and ceased practice, and the company was later voluntarily dissolved in 2020. The Plaintiffs ceased paying rent in 1994, maintained the property and paid rates. The Defendant, though served severally, did not enter appearance or file a defence, leaving the suit uncontested. Framing the issues as entitlement to title by adverse possession and costs, the court applied the Limitation of Actions Act (sections 7 and 38) and the Wambugu v Njuguna principles. It held that permissive occupation ended in 1995 upon full payment of the purchase price, that the Defendant thenceforth held title in trust for the Plaintiffs, and that adverse possession crystallised in 2007 after 12 years, extinguishing the Defendant's rights. Judgment was entered for the Plaintiffs: declarations of extinguishment and acquired title, an order directing the Land Registrar to register the Plaintiffs forthwith with execution of instruments by the Deputy Registrar, and a permanent injunction against the Defendant. As the matter was undefended, no orders as to costs were made. Delivered at Nairobi on 19 March 2026 by J. G. Kemei, Judge.

Key legal issues

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01

Whether the Plaintiffs are entitled to title by way of adverse possession

Holding

Yes. Possession ceased to be permissive in 1995 upon full payment of the purchase price; adverse possession continued for over 12 years, crystallising in 2007, extinguishing the Defendant's title and entitling the Plaintiffs to be registered under Section 38(1) of the Limitation of Actions Act.

Reasoning

The court found the Plaintiffs occupied the land openly, continuously and without permission since 1995, when the full purchase price was paid and acknowledged. The Defendant released executed conveyance documents but never completed the transfer. The Plaintiffs maintained the land, modernised the house, paid rates, and the Defendant's conduct (redirecting a rates suit to the Plaintiffs) showed divestment of rights. Applying the Wambugu v Njuguna principles and Kimani Ruchine, possession was nec vi, nec clam, nec precario for the statutory 12 years, crystallising in 2007.

p. 6
02

Costs of the suit

Holding

No orders as to costs, because the suit was undefended.

Reasoning

The Defendant was served severally but neither entered appearance nor filed a defence. The claim was uncontested and proved by unchallenged evidence. Notwithstanding the Plaintiffs' prayer for costs, the court exercised its discretion to make no order as to costs given the undefended nature of the matter.

p. 6

Legal principles established

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  • Upon full payment of the purchase price by a purchaser in occupation, the registered proprietor's title is held in trust for the purchaser and possession becomes adverse, with time running under the Limitation of Actions Act
  • In adverse possession, the title of a registered proprietor is not extinguished but is held by him in trust for the person who has acquired title by virtue of the Limitation of Actions Act
  • The adverse character of possession must be established as a fact; it cannot be assumed from mere exclusive possession for 12 years or more

Court orders

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  1. 1.A declaration that the Defendant's title to the Suit Property is extinguished by adverse possession of the same by the Plaintiffs for over 33 years
  2. 2.A declaration that the Plaintiffs have acquired interest and title to the Suit Property free of any encumbrances by adverse possession against the Defendant
  3. 3.The Land Registrar ordered to register the Plaintiffs as proprietors/owners of the suit property forthwith, and the Deputy Registrar directed to execute all necessary and requisite instruments to facilitate registration of the Plaintiffs as legal owners of the suit property
  4. 4.An order of permanent injunction restraining the Defendant, her agents, servants or anyone claiming under her from demolishing improvements on the suit property, evicting the Plaintiffs, re-entering, leasing, selling, disposing of, charging, mortgaging, encumbering or in any way interfering with the Plaintiffs' quiet possession, use and/or ownership of the Suit Property
  5. 5.No orders as to costs (matter undefended)

Authorities

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Legislation

  • Limitation of Actions ActSection 7
  • Limitation of Actions Act (Cap 22)Sections 37, 38(1) and (2)
  • Registration of Land ActNo. 6 of 2012 (cited generally)

Cases cited (7)

  • Adnam v Earl of Sandwich
    (1877) 2 QB 485
  • Mtana Lewa Vs Kahindi Ngala Mwangandi
    (2005) EKLR
  • Leonola Nerima Karani v William Wanyama Ndege
    [2012] EKLR
  • Wambugu versus Njuguna
    (1983) KLR 171
  • Kimani Ruchine vs Swift Rutherford & Co. Ltd
    (1980) KLR 10
  • Gabriel Mbui Vs Mukindia Maranya
  • Public Trustee – v- Kamau Wanduru
    (1984) KLR 314 at 324
Jurisdiction invoked
Section 38(1) of the Limitation of Actions Act, Cap 22 (application to the High Court for an order that a claimant by adverse possession be registered as proprietor)

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, "Sassoon & 2 others v Apollo Insurance Company Ltd (Land Case (Originating Summons) E016 of 2024) [2026] KEELC 1764 (KLR)", Case Analysis (2026). Originating Summons dated 11/3/2024 (number not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1764/eng@2026-03-19

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