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ELCPartially AllowedOriginating Summons dated 9th January 2024

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)

Environment and Land Court
3 July 2025
1,861 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~7 min to read original · ~4 min brief

The bottom line

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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

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Executive summary

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The Plaintiff, a Kenyan-incorporated limited liability company, brought an Originating Summons dated 9 January 2024 seeking a declaration that it had acquired title to Land Reference Number 3734/428 by adverse possession and an order that it be registered as proprietor in place of the Defendant, the registered owner. PW1, Guo Huadong, a director and chairman of the Plaintiff, testified that the Plaintiff entered the suit land peaceably in 2009, finding it unoccupied and apparently abandoned, and has since operated a hardware shop and construction materials yard, housed staff on site, paid land rates in the Defendant's name and obtained water, electricity and internet connections. Affidavits of three employees appointed in 2012 corroborated continuous open occupation. Despite substituted service through the Daily Nation on 11 November 2024, the Defendant neither entered appearance nor filed a defence, and the suit proceeded undefended. The court, applying sections 7 and 38 of the Limitation of Actions Act and Court of Appeal authorities on the elements of adverse possession, found the uncontroverted evidence proved open, notorious, exclusive and unpermitted occupation exceeding twelve years, such that the Defendant's title was extinguished and it held the land in trust for the Plaintiff. The court declared the Plaintiff entitled to be registered as proprietor and ordered registration accordingly. Notably, although the Plaintiff sought costs against the Defendant, the court ordered the Plaintiff to bear its own costs.

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 been in adverse possession of Land Reference Number 3734/428 for over 12 years, nec vi, nec clam, nec precario
  2. 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. 3.Whether the Defendant should bear the costs of the suit

Key legal issues

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Whether the Plaintiff acquired title by adverse possession of LR No. 3734/428

Holding

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.

Reasoning

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.

p. 4

Legal principles established

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  • 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

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  1. 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. 2.Plaintiff to bear its own costs

The bench

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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

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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.

p. 4

Costs

Plaintiff to bear its own costs

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 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.
p. 4Elements of adverse possession proved
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.
p. 4Final orders - registration order
b. Plaintifi to bear its own costs.
p. 4Costs order
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.
p. 3Test for adverse possession (Mate Gitabi)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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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.