Chemutai (Suing as the Administratrix of the Estate of Ezekiel Chepkwony alias Kipkemoi A Chepkwony) v Maritim & another (Sued as the Administrators of the Estate of Maritim Maina) (Enviromental and Land Originating Summons E010 of 2025) [2026] KEELC 2173 (KLR)
The bottom line
#Kenya's Environment and Land Court confirmed you can claim land by adverse possession against a deceased person's estate, dismissing the objection.
What this practically means
#Executive summary
#Key legal issues
#Whether the ELC has jurisdiction over an adverse possession claim against a deceased person's estate
Grounds 1 and 2 of the Preliminary Objection fail; adverse possession may be claimed against a deceased's estate
The court noted the claim is against the title, not the current holders, and adopted authority holding that adverse possession claims can be filed against estates of deceased persons, citing Ekessa v Magero, Karuntimi Raiji v M'makinya M'itunga and Peter Thuo Kairo v Kuria Gacheru.
Whether the suit offends Order 24 of the Civil Procedure Rules
Ground 3 fails; no defect under Order 24 was demonstrated
The court observed that parties are suing and being sued as legal representatives of estates, and the Defendants did not show how the proceedings offend Order 24, which governs death and bankruptcy of parties. Whether the sale agreement was made by Maritim Maina is a factual issue for trial.
Whether the suit is an abuse of court process due to alleged intermeddling
Ground 4 fails; intermeddling is a factual issue beyond a preliminary objection
The Defendants' abuse-of-process contention rested on the allegation that the Plaintiff is intermeddling with the estate. The court held this is a factual question requiring evidence and cannot be determined on a preliminary objection.
Legal principles established
#- A claim for land by way of adverse possession can be filed against the estate of a deceased person
- A preliminary objection must raise a pure point of law and cannot rest on disputed facts requiring evidence
- Costs follow the event under Section 27 of the Civil Procedure Act
Court orders
#- 1.The Defendants' Preliminary Objection dated 7th July, 2025 is dismissed with costs
- 2.The said costs shall be in the cause
- Jurisdiction invoked
- Section 13 of the Environment and Land Court Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Chemutai (Suing as the Administratrix of the Estate of Ezekiel Chepkwony alias Kipkemoi A Chepkwony) v Maritim & another (Sued as the Administrators of the Estate of Maritim Maina) (Enviromental and Land Originating Summons E010 of 2025) [2026] KEELC 2173 (KLR)", Case Analysis (2026). Not stated in ruling (Originating Summons dated 21st May, 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2173/eng@2026-04-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.