Nyoro Construction Company Limited v Sugden Limited
The bottom line
#A Kenyan court declared a buyer who paid in full and occupied land for 27 years its owner through adverse possession, even without a transfer.
What this practically means
#Executive summary
#Key legal issues
#Whether the Plaintiff's occupation constituted adverse possession
Yes - the Plaintiff, having purchased the suit property, paid the full purchase price and remained in quiet, continuous and uninterrupted possession for over 27 years, acquired title by adverse possession.
The court applied sections 7, 13, 37 and 38 of the Limitation of Actions Act and the Kasuve and Songoi tests: exclusive, open, uninterrupted possession for 12 years known to the owner. The purchase price was confirmed paid by the Defendant's advocate's letter of 17th March 1997; under Public Trustee v Wanduru the limitation period runs from full payment. Twenty-seven years having lapsed without transfer or interruption, the claim was proved on a balance of probabilities.
Costs of the suit
Each party to bear own costs, notwithstanding the Plaintiff's request under Section 27 of the Civil Procedure Act.
Counsel for the Plaintiff relied on Section 27 of the Civil Procedure Act and urged the court to award costs to the Plaintiff. The court, in its final orders, declined to follow the ordinary costs-follow-the-event rule and directed that each party bear its own costs, without giving reasons.
Legal principles established
#- Where a purchaser pays the full purchase price and the vendor fails to transfer, the limitation period for adverse possession runs from the date of payment of the purchase price in full.
Court orders
#- 1.Judgment entered in favour of the Plaintiff as against the Defendant.
- 2.A declaration issued that the Plaintiff is entitled to be registered forthwith as owner of parcel L.R. No. 14242/26 by dint of adverse possession.
- 3.Each party shall bear own costs.
- Jurisdiction invoked
- Limitation of Actions Act, Cap 22, Sections 37 & 38 (originating summons for adverse possession)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Nyoro Construction Company Limited v Sugden Limited", Case Analysis (2026). ELC NO. E009 OF 2024 (O.S). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5622/eng@2026-09-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.