George Githua Mwangi (Suing as the administrator of the estate of Mwangi Thuo) v Josphine Wambui Kahiga (Sued as the administrator of the Estate of Njuguna Kariuki), Land Registrar Naivasha & The Hon. Attorney General

The court distinguished trespass, where each day of occupation creates a fresh cause of action with a 3-year limit, from a proprietary claim where a plaintiff seeks to impeach a registered title, cancel a register entry and divest the registered owner to regain possession. Because the core prayer sought to divest the Defendant of registered ownership, the 12-year limit under Section 7 was triggered.

Section 9(2) provides that where a person sues to recover a deceased's land and the deceased was the last person entitled to be in possession, the right of action accrues on the date of death. The deceased died on 2nd December 1992, so limitation expired on 2nd December 2004. The suit filed in June 2025 was over two decades late. The court also noted there was no evidence the deceased was in possession.

Section 26 postpones limitation until the plaintiff discovers the fraud or could with reasonable diligence have discovered it. Relying on Margaret Wairimu Magugu and Paragon Finance, the court held that due diligence attaches to the deceased during his lifetime as well as the administrator, requires proactivity, and that an official search is routine rather than an exceptional measure. The Green Card had been open to inspection since 1987.

Although the issue was framed, the court's determination on limitation rendered it unnecessary to decide the merits. The court nonetheless observed that the Land Registrar's testimony directly undermined the fraud allegation, confirming the allocatee appeared in the official register deposited with the registry and that Mwangi Thuo's name was absent, so the foundation for invoking Section 26 collapsed.