Kuria v Ng’ang’a (Enviromental and Land Originating Summons E006 of 2023) [2025] KEELC 18411 (KLR) (17 December 2025) (Judgment) Neutral citation: [2025] KEELC 18411 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT MURANGA ENVIROMENTAL AND LAND ORIGINATING SUMMONS E006 OF 2023 MN GICHERU, J DECEMBER 17, 2025 BETWEEN CHARLE NGUGI KURIA ....................................................................... APPLICANT AND JULIUS MUREITHI NG’ANG’A ......................................................... RESPONDENT JUDGMENT 1. The Plainti seeks the following reliefs against the Defendant. i. An order that L.R. No. Loc.5/Githunguri/405 has become the property of Charles Ngugi Kuria through adverse possession. ii. The Land Registrar Murang’a do register the suit land in the name of the Plainti. iii. That costs be in the cause. 2. The Plainti’s case is as follows. In the year 1978 the Defendant asked the Plainti to take care of the suit land on his behalf. Secondly, the Plainti occupied the land and when the Defendant did not came back the Plainti conrmed using it as the owner. Thirdly, the land measures 0.3 acres and the Plainti has his own land nearby. Since the Defendant is not likely to come back and claim the land, the Plainti prays for a declaration that he is the owner of the land through the doctrine of adverse possession. 3. In support of his case, the Plainti led the following evidence. i. Supporting adavit dated 2-11-2023. ii. Witness statement by David Karanja Kamau. iii. Plainti’s copy of the national identify card. iv. Copy of the green card for the suit land which shows that it is 0.8 Ha. https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/18411/eng@2025-12-17 1
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4. The Defendant, though served through the oce of the assistant chief Kagunduini sub location where the land is situated did not le any response to the originating summons. 5. At the trial on 4-11-2025, the Plainti testied and called a witness named David Karanja Kamau. They reiterated the case as per the pleadings. While the Plainti said that the land is 0.3 acres, the copy of register led as an exhibit shows the size to be 0.8 Ha which would be 1.9768 acres. 6. I have carefully considered the evidence adduced by the Plainti in this case including the supporting adavit, witness statements, documents and testimony at the trial. In order to succeed in this case, the Plainti ought to prove all the three prerequisites to the declaration that he has become entitled to the suit land through adverse possession. They are occupation without force, without permission of the registered owner and without secrecy. See the case of Kasuve V. Mwaani Investments Ltd and 4 others[2004]I KLR 184. Section 7 of the Limitation of Actions Act provides as follows. “ An action may not be brought by any person to recover land after the end of twelve(12) years from the date on which the right of action accrued to him or, if it accrued to some person through whom he claims, to that person.” This provision extinguishes the right of the Defendant in this to recover the suit land. 7. Secondly, Section 17 further states: “ Subject to Section 18 of this Act, at the expiration of the period prescribed by this Act for a person to bring an action to recover land…the title of that person to the land is extinguished’’. Accordingly, since it is about 47 years since the Defendant came to the land, his title to the suit land is automatically extinguished by operation of law. 8. The evidence by the Plainti is uncontroverted and it clearly proves all the conditions necessary for the grant of the orders sought. Consequently, I enter judgment for the Plainti against the Defendant as follows. 1. Land reference No. Loc. 5/Githunguri/405 has become property of Charles Ngugi Kuria through adverse possession. 2. The Land Registrar Murang’a do register the suit land in the name of the Plainti. 3. Costs in the cause. It is so ordered. DATED, SIGNED AND DELIVERED VIRTUALLY AT MURANG’A THIS 17TH DAY OF DECEMBER, 2025. M.N. GICHERU JUDGE. Delivered online in the presence of ;Mwangi Njonjo - Court Assistant Plainti’s Counsel – Absent https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/18411/eng@2025-12-17 2
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