[2025] KEELC 4043 (KLR)

[2025] KEELC 4043 (KLR)

The court found that while the plaintiffs claimed to have been in possession of the suit land for over twelve years, their evidence was inconsistent, with the first plaintiff testifying to only twenty years of occupation, which post-dated the registration of a charge on the land. The plaintiffs failed to provide...

Source-derived case information.

Citation
[2025] KEELC 4043 (KLR)
Parties
Plaintiff: Kennedy Angano Litu; Plaintiff: Milton Mung’asia; Plaintiff: Meshack Kimanyano; Plaintiff: Isaac Livumbaze; Plaintiff: Grace Mudanya; Plaintiff: Jackson Malungu Indiasi; Plaintiff: Kevin Ogwanda Eregwa; Plaintiff: Jasto Lianzikha; Plaintiff: Thomas Mwami Ogoli; Plaintiff: Mariko Mahugu Majanga; Plaintiff: Jotham Isidua Asava; Plaintiff: Margaret Kisivuli Imbwaga; Plaintiff: Ezekiel Mayoga Mayodi; Plaintiff: Wayne Magani Shikuvu; Plaintiff: Vincent Musinde; Plaintiff: Emmanuel Mwavali; Plaintiff: Frances Ongaji; Plaintiff: John Misigo; Plaintiff: Japhet Afundi Ilavuna; Plaintiff: Rose J Mugivane; Plaintiff: Ester Ariviza; Plaintiff: Gilbert Ndale; Plaintiff: Samwel Agenya; Plaintiff: Wycliffe Mzembi; Plaintiff: Peter Magomere Jumba; Plaintiff: Wilson Simwa Magomere; Plaintiff: Makisi Maleso Mkasia; Defendant: Kuchwa arap Bomet
Court
Environment and Land Court
Court Station
Environment and Land Court at Kapsabet
Jurisdiction
Kenya
Judgment Date
28 May 2025
Case Number
Enviromental and Land Originating Summons E010 of 2022
Procedural Posture
Originating Summons / Judgment
Outcome
suit struck out
Judges
GMA Ongondo
Legal Topics
Adverse Possession, Land Registration, Overriding Interests, Locus Standi, Charges and Cautions, Limitation of Actions
Source Language
english
Land and Property Adverse Possession Land Registration Overriding Interests Locus Standi Charges and Cautions Limitation of Actions

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Parties

Kennedy Angano Litu

Plaintiff

Milton Mung’asia

Plaintiff

Meshack Kimanyano

Plaintiff

Isaac Livumbaze

Plaintiff

Grace Mudanya

Plaintiff

Jackson Malungu Indiasi

Plaintiff

Kevin Ogwanda Eregwa

Plaintiff

Jasto Lianzikha

Plaintiff

Thomas Mwami Ogoli

Plaintiff

Mariko Mahugu Majanga

Plaintiff

Jotham Isidua Asava

Plaintiff

Margaret Kisivuli Imbwaga

Plaintiff

Ezekiel Mayoga Mayodi

Plaintiff

Wayne Magani Shikuvu

Plaintiff

Vincent Musinde

Plaintiff

Emmanuel Mwavali

Plaintiff

Frances Ongaji

Plaintiff

John Misigo

Plaintiff

Japhet Afundi Ilavuna

Plaintiff

Rose J Mugivane

Plaintiff

Ester Ariviza

Plaintiff

Gilbert Ndale

Plaintiff

Samwel Agenya

Plaintiff

Wycliffe Mzembi

Plaintiff

Peter Magomere Jumba

Plaintiff

Wilson Simwa Magomere

Plaintiff

Makisi Maleso Mkasia

Plaintiff

Kuchwa arap Bomet

Defendant

Procedural Posture

Originating Summons / Judgment

Legal Issues

  1. 1 Whether the plaintiffs have acquired the suit land by way of adverse possession.
  2. 2 Whether the plaintiffs have locus standi to institute and prosecute the suit on behalf of their parents' estates.
  3. 3 Whether the existence of a charge and caution on the suit land affects the plaintiffs' claim for adverse possession.

Ratio Decidendi

The court found that while the plaintiffs claimed to have been in possession of the suit land for over twelve years, their evidence was inconsistent, with the first plaintiff testifying to only twenty years of occupation, which post-dated the registration of a charge on the land. The plaintiffs failed to provide evidence of purchase or payment of the purchase price, and did not attach grants of letters of administration to demonstrate locus standi to sue on behalf of their deceased parents' estates. The existence of a caution in favour of a third party, who was not joined to the suit, further complicated the plaintiffs' claim. The court held that the plaintiffs had not discharged the...

Court Disposition

suit struck out

Orders

  • The Originating Summons dated 25th March 2022 is struck out.
  • No orders as to costs.