Ogunde v Odundo (Originating Summons E006 of 2023) [2026] KEELC 3651 (KLR)
The bottom line
#The Environment and Land Court in Siaya declared that a family occupying land openly for over 12 years had acquired ownership by adverse possession, though a disputed portion was excluded.
What this practically means
#Executive summary
#Key legal issues
#Whether the plaintiff proved adverse possession of the suit property
The plaintiff proved adverse possession over the portion marked A for the statutory period of 12 years, entitling him and his siblings to registration
The plaintiff was born and has lived on the land for over 36 years with the registered owner's knowledge and without interruption. His evidence was uncontroverted as the defendant did not defend the suit. A court-ordered ground status report confirmed the plaintiff's family was well established on the suit property. The limitation period of 12 years had run since first registration on 15/7/2010. The disputed portion B was however excluded.
Effect of adverse possession on the registered owner's title
The registered owner's interest over the portion in adverse possession is extinguished by operation of law under Section 17 of the Limitation of Actions Act
Section 17 of the Limitation of Actions Act provides that at the expiration of the limitation period for an action to recover land, the title of that person is extinguished. Section 38 allows the adverse possessor to apply to the High Court to be registered as proprietor in place of the person then registered. The court applied these provisions to extinguish the defendant's interest over portion A.
Legal principles established
#- Elements of adverse possession: known owner, dispossession without permission, open and continuous possession for 12 years without interruption, and acts inconsistent with the owner's enjoyment of the soil
- A green card and official search suffice to prove registration even where a copy of the title is not annexed
Court orders
#- 1.Declaration that the plaintiff and his siblings have been in adverse possession of portion marked A of parcel No. ASEMBO/MEMBA/3183 for a period of 12 years as delineated on Ground Assessment diagram No. 7
- 2.Declaration that Spranoes Okoth Odundo's interest and claim over the portion occupied by the plaintiff and his siblings has been extinguished by operation of law
- 3.Plaintiff to furnish names and copies of Identity Cards of his siblings to the court within 7 days
- 4.Portion A of parcel No. Asembo/Memba/3183 to be transferred and registered in the names of the plaintiff and his siblings in common, with the Land Registrar Bondo/Rarieda to issue title deeds accordingly
- 5.No orders as to costs
- Jurisdiction invoked
- Section 38 of the Limitation of Actions Act (application to the High Court for an order that the adverse possessor be registered as proprietor)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ogunde v Odundo (Originating Summons E006 of 2023) [2026] KEELC 3651 (KLR)", Case Analysis (2026). Originating Summons dated 2/10/2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3651/eng@2026-05-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.