Koyo v Agunda (Environment and Land Appeal E058 of 2024) [2026] KEELC 3803 (KLR)
The bottom line
#The Environment and Land Court in Kisumu dismissed a land appeal, confirming that unchallenged tribunal decisions and succession transmissions give valid title, and trespass claims never expire.
What this practically means
#Executive summary
#Key legal issues
#Whether the Respondent had a valid and procedurally acquired title
The trial court did not err; the Respondent's title was based on a Tribunal decision adopted as a court order and transmission through succession, neither of which the Appellant ever challenged
The Respondent pleaded and proved acquisition through transmission in Succession Cause No. 426 of 2019, supported by a title deed and certificate of confirmation of grant. The Land Registrar confirmed registration was based on a court order. The Appellant never challenged the Tribunal proceedings, the adoption of the Tribunal's decision by the Magistrate's court, or the succession cause, raising the nullity issue only in appeal submissions, which the court declined to entertain as the authorities cited arose from judicial review proceedings.
Whether the trial court misapprehended the nature of the Appellant's case
It did not. The Appellant, having no title, no pleaded adverse possession claim and no pleaded fraud, had no locus to invoke limitation; the Respondent's claim sounded in trespass, a continuing tort not subject to limitation
The Appellant disclaimed adverse possession yet relied on section 7 of the Limitation of Actions Act. The court held he holds no title, does not claim title by adverse possession, and pleaded no fraud, so limitation did not avail him. The Respondent's claim was based on trespass and eviction, and trespass is a continuing tort that cannot be time-barred while the trespasser remains unlawfully on the land.
Legal principles established
#- A first appellate court must re-evaluate the evidence and reach its own conclusion while making due allowance for not having seen or heard the witnesses
- An appellate court cannot declare Tribunal proceedings a nullity on the basis of submissions alone where no challenge to those proceedings was pleaded or brought
- Trespass is a continuing tort which cannot be time-barred for as long as the trespasser remains on the land unlawfully
Court orders
#- 1.The appeal is dismissed
- 2.Costs are awarded to the Respondent
- On appeal from
- Chief Magistrate's Court, Kisumu (Environment and Land)
- CMC E&L Case No. E098 of 2022
- Jurisdiction invoked
- First appellate jurisdiction of the Environment and Land Court over appeals from the magistrates' court (Memorandum of Appeal dated 24th July, 2024)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Koyo v Agunda (Environment and Land Appeal E058 of 2024) [2026] KEELC 3803 (KLR)", Case Analysis (2026). Kisumu E&L Appeal (Amended Memorandum of Appeal dated 25th January, 2026). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3803/eng@2026-06-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.