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ELCAllowed(not stated in judgment)

Majimbo v Jesang (Environment & Land Case E034 of 2024) [2025] KEELC 4441 (KLR)

Environment and Land Court
10 June 2025
CNC.K. Nzili
1,141 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~5 min to read original · ~4 min brief

The bottom line

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A Kenyan court declared a buyer who occupied land openly for over 12 years its rightful owner, even though the sale was never formally completed.

What this practically means

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Executive summary

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The plaintiff sued by plaint dated 31/5/2024 seeking a declaration that he is the rightful owner of Parcel No. Waitaluk/Mabonde Block 3/Namgoi/24 (0.1749 Ha) at Kibagenge village, Kitale, by virtue of adverse possession, and an order for registration in his name. The defendant, though served in person and by substituted service, never entered appearance. The plaintiff testified that he bought the land from the defendant by an agreement dated 20/10/2001 for Kshs. 100,000/=, paid in full, and took vacant possession; the defendant relocated and could not be traced, and the transfer through Kanana Commercial Agencies was never completed. The sole issue was whether the ingredients of adverse possession were established. Relying on Court of Appeal authority including Gichuhi v Kiago, Wambugu v Njuguna and Samuel Miki Waweru v Jane Njeri Richu, the court held that where a purchaser enters under a sale agreement that becomes void, time runs from the date possession is taken. The agreement here became void after six months; time ran from 2002 and expired in 2014, extinguishing the defendant's title under Section 38 of the Limitation of Actions Act. The plaintiff was declared owner; the defendant was ordered to transfer the land within two months, in default the Deputy Registrar to execute the transfer, with the Land Registrar directed to dispense with production of the original title deed. The plaintiff to bear the costs of transfer and registration.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the plaintiff has established the ingredients of adverse possession to be declared the owner of parcel No. Waitaluk/Mabonde Block 3/Namgoi/24 measuring 0.1749 Ha

Key legal issues

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Whether the plaintiff proved adverse possession of the suit land

Holding

Yes; the plaintiff, in continuous and uninterrupted occupation since 2002 following a void sale agreement, acquired title by adverse possession after 12 years, extinguishing the defendant's title

Reasoning

The plaintiff bought the land in 2001, paid the full price, and took vacant possession under a sale agreement that became void after six months when the transfer was not processed. He occupied openly, continuously and exclusively for over 12 years, developing the land, with no effective re-entry by the defendant. Time ran from 2002 and expired in 2014, extinguishing the defendant's title under Section 38 of the Limitation of Actions Act.

p. 3

Legal principles established

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  • Adverse possession requires exclusive, open, uninterrupted, notorious and continuous occupation for 12 years with the intention to own, inconsistent with the true owner's purpose
  • Where a purchaser enters under a sale agreement that becomes void (e.g. for lack of land control board consent or expiry of the stipulated period), time for adverse possession begins to run from the day the claimant is put in possession
  • Upon expiry of 12 years of adverse possession, the registered owner's title is extinguished by operation of law under Section 38 of the Limitation of Actions Act

Court orders

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  1. 1.Declaration that the plaintiff is the owner of the suit land by adverse possession
  2. 2.The defendant to transfer the suit land to the plaintiff within 2 months
  3. 3.In default, the Deputy Registrar of the court to sign the transfer form, with the Land Registrar in charge of the Registry directed to dispense with the production of the original title deed during the exercise
  4. 4.The plaintiff to pay the costs of the transfer and registration

The bench

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One judgment of the whole court — no separate or dissenting opinions.

CN
majority

Wrote the judgment

Jurisdiction invoked
Original jurisdiction of the Environment and Land Court under a plaint claiming adverse possession; Limitation of Actions Act (Sections 7, 13, 17 and 38)

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

In my considered view, the plaintifi has satisfied on a balance of probabilities the ingredients of adverse possession. He is therefore declared the owner of the suit land. The same shall be transferred to him by the defendant within 2 months; in default, the Deputy Registrar of the court to sign the transfer form with the Land Registrar in charge of the Registry, directed to dispense with the production of the original title deed during the exercise.
p. 3Final orders - declaration of ownership and transfer of land
From 2002 twelve years expired in 2014. Under Section 38 of the Limitation of Actions Act, the title to land held by the defendant became extinguished by operation of the law.
p. 2Extinguishment of registered owner's title
The plaintifi as at the filing of the suit, had been on the land continuously and uninterruptedly for over 12 years.
p. 2Continuous possession for the statutory period

Issues in the judgment

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minor

The plaintiff's submissions sought damages from the firm of Wanana Ltd (also referred to as 'Kanana Commercial Agencies' in the court's analysis) for delay, but the firm was never joined as a party and the judgment does not address this head of the claim

minor

The judgment does not record the defendant's name or the case number of the suit

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (1)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Majimbo v Jesang (Environment & Land Case E034 of 2024) [2025] KEELC 4441 (KLR)", Case Analysis (2025). (not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4441/eng@2025-06-10

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.