China Jiangsu International Economic-Technical Cooperation Corporation East African Company v China Jiangsu International Economic Technical Co-operation Corporation Limited (Enviromental and Land Originating Summons E011 of 2024) [2025] KEELC 4926 (KLR)
The bottom line
#A Kenyan court handed a company ownership of land it openly occupied for over 12 years, showing adverse possession claims can succeed even undefended.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the Plaintiff has been in adverse possession of Land Reference Number 3734/428 for over 12 years, nec vi, nec clam, nec precario
- 2.Whether an order should issue that the Plaintiff be registered as the proprietor of Land Reference Number 3734/428 in place of the Defendant
- 3.Whether the Defendant should bear the costs of the suit
Key legal issues
#Whether the Plaintiff acquired title by adverse possession of LR No. 3734/428
Yes - the Plaintiff entered in 2009 without permission, occupied openly, uninterruptedly and notoriously for over 12 years, and is entitled to be registered as proprietor in place of the Defendant.
Sections 7 and 38 of the Limitation of Actions Act bar recovery of land after 12 years and permit registration of an adverse possessor. The uncontroverted evidence - entry in 2009 onto abandoned land, development, payment of rates, utility connections, employee affidavits from 2012 and photographs - established nec vi, nec clam, nec precario occupation. Time ran from 2009 and expired by 2021. The Defendant, though duly served by substituted service, did not enter appearance, so the evidence stood uncontroverted.
Legal principles established
#- A claimant in adverse possession must prove exclusive, open, uninterrupted possession as of right for 12 years
- Once a party has occupied land openly, notoriously and without permission for over twelve years, the registered owner holds title in trust for the adverse possessor
Court orders
#- 1.An order that the Plaintiff China Jiangsu International Economic Technical Cooperation Corporation East African Company be registered as the proprietor of Land Reference Number 3734/428 in place of the Defendant China Jiangsu International Economic Technical Co-operation Corporation Limited
- 2.Plaintiff to bear its own costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Sections 7 and 38(1) and (2) of the Limitation of Actions Act
Relief refused
#Costs of the suit against the Defendant
Although the Plaintiff sought that the Defendant bear the costs, the court ordered each side to bear its own; the suit having proceeded undefended, the court declined to award costs against the Defendant.
Costs
Plaintiff to bear its own costs
Quotable passages
#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 the circumstances, while relying on the legal provisions cited and associating myself with the decisions quoted, I find that the Plaintifi has proved that it has occupied land reference number 3734/428 openly, uninterruptedly, notoriously and without permission from the owner for more than twelve (12) years.
a. An order be and is hereby issued that the Plaintifi China Jiangsu International EconomicTechnical Cooperation Corporation East African Company be registered as the proprietor of Land Reference Number 3734/428 in place of the Defendant China Jiangsu International Economic Technical Co-operation Corporation Limited.
b. Plaintifi to bear its own costs.
For one to succeed in a claim for adverse possession one must prove and demonstrate that he has occupied the land openly, that is without secrecy, without force, and without license or permission of the land owner, with the intention to have the land.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "China Jiangsu International Economic-Technical Cooperation Corporation East African Company v China Jiangsu International Economic Technical Co-operation Corporation Limited (Enviromental and Land Originating Summons E011 of 2024) [2025] KEELC 4926 (KLR)", Case Analysis (2025). Originating Summons dated 9th January 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4926/eng@2025-07-03
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.