Mwangi (Suing as the Legal Representative of the Estate of Mwangi Githinji now Deceased) v Gatheru (Sued in the Capacity as Legal Representative of the Estate of Milka Gathoni Ndara) (Enviromental and Land Originating Summons E015 of 2024) [2025] KEELC 6737 (KLR)

acres out of the suit land from the Respondent under two(2) separate agreements dated 24-6-2009 and 2-9-2010. The two agreements were reduced into writing. The total purchase price was Kshs. 390,000/ = . Secondly, the Applicant took possession of the suit land immediately upon purchase and she has developed it by constructing a permanent house which she occupies together with her family. The said occupation has been continuous and uninterrupted. Thirdly, the original entry into the land was as per the sale agreements and it was therefore lawful. Fourthly, the Respondent filed a succession cause at Murang’a Magistrates’ court and the land belonging to her husband was transferred to her. She then subdivided the land into three parcels namely 2824-2826. One of the resultant parcels was sold to a third party. She retains LR. No. Loc. 13/Gitugi/2824 under her name. It measures 0.70 hectares. Finally, the Respondent, despite notice of intention to be sued has failed to comply making the filing of this action necessary. 3. In support of the case, the Applicant filed the following evidence. a. Supporting afidavit dated 27-7-2024. b. Copy of Limited granted dated 26-10-2023. c. Certificates of oficial search for land parcels Nos. 472 and 2824. d. Copies of the sale agreements in Kikuyu language dated 24-6-2009, 2-9-2010 together with acknowledgments of receipt of purchase price. e. Copy of green card for LR. 472. f. 8 photographs showing a house and some crops growing on a piece of land. 4. The Respondent though served with the originating summons did not defend it. The case therefore proceed ex-parte. 5. At the trial on 10-6-2025, the Applicant testified by adopting her afidavit and documents. The Applicant’s counsel filed written submissions dated 19-6-2025. 6. I have carefully considered the summons in its entirety including the afidavit, the annexures, the testimony at the trial and the written submissions filed by learned counsel for the Applicant. The evidence adduced by the Applicant is uncontroverted by any evidence from the Respondent. The only question to be answered in this case is whether the Applicant has met the threshold for adverse possession in Sections 9(1) and 13 of the Limitation of Actions Act. I find that the Applicant has met the threshold because she has dispossessed the registered owner for a period of exceeding twelve years from the date of the agreements in the years 2009 and 2010 to 1-8-2024 when this suit was filed. 7. For the above stated reasons, I find that the Applicant has proved her case against the Respondent on a balance of probabilities. Consequently, I enter judgment in favour of the Applicant against the Respondent in terms of prayers 1,2,3 and 4 of the originating summons dated 27-7-2024. It is so ordered. DATED, SIGNED AND DELIVERED VIRTUALLY AT MURANG’A THIS 30TH DAY OF SEPTEMBER, 2025. M.N. GICHERU JUDGE. Delivered online in the presence of; Court Assistant – Mwangi Njonjo https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6737/eng@2025-09-30 2

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Applicant Counsel – Mr T.M. Njoroge https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6737/eng@2025-09-30 3

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