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ELCPartially AllowedOriginating Summons dated 22/2/2022 (Embu)· [2025] KEELC 5909 (KLR)

Ngunguru & another v Njanja (Environment and Land Case E007 of 2022) [2025] KEELC 5909 (KLR)

Environment and Land Court
18 June 2025
KBK. Bor
1,666 words in judgment
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The bottom line

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The Embu Environment and Land Court declared two widows the owners of twelve land parcels through adverse possession after over 26 years of open occupation.

What this practically means

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Executive summary

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The Plaintiffs, the two wives of the late Hezekiah Ngunguru Ngondo, filed an originating summons seeking a declaration that twelve parcels resulting from the subdivision of Embu/Ngangara/2908 had accrued to them by adverse possession, or alternatively that the registered Defendant held the land in trust for them. They testified that they were settled on the parcel by their late husband in 1948 and 1975, built homesteads, cultivated the land and buried him there, evidence corroborated by neighbours and photographs. The Defendant maintained he purchased the land on 6/10/1990 and was later registered as proprietor, learning of the Plaintiffs' presence only around 2010 and reporting them to the area Chief in 2011 without taking further steps. Applying Mtana Lewa, Wambugu v Njuguna and Samuel Kihamba, the court held that adverse possession requires occupation that is open, without force, secrecy or licence, with animus possidendi, uninterrupted for twelve years. Time began to run on the Defendant's registration on 2/5/1996; by the suit's filing on 22/2/2022 over 26 years had elapsed. The court found the elements proved on a balance of probabilities and granted prayers (a), (c), (d), (e) and (f) of the summons. The alternative trust claim was not determined, and each party was ordered to bear their own costs. Judgment delivered virtually at Embu on 18 June 2025 by K. Bor, Judge.

Key legal issues

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01

Whether the Plaintiffs established adverse possession of the suit land

Holding

Yes - their open, notorious and uninterrupted occupation since registration of the Defendant on 2/5/1996 exceeded the statutory 12 years

Reasoning

The court applied Mtana Lewa, Wambugu v Njuguna and Samuel Kihamba on the elements of adverse possession (nec vi, nec clam, nec precario plus animus possidendi). The Plaintiffs settled on the land in 1948 and 1975, built homes, farmed and buried their husband there, with neighbour testimony and photographs corroborating open occupation. The Defendant was registered on 2/5/1996 and admitted he neither used the land nor took steps to evict them, learning of their presence only around 2010 and doing nothing beyond a 2011 chief's meeting.

p. 3
02

Whether the Defendant holds the suit land in trust for the Plaintiffs

Holding

Not determined - the alternative trust claim was not reached

Reasoning

Having found the adverse possession claim proved, the court declined to consider the alternative trust claim, granting only the adverse possession prayers.

p. 3

Legal principles established

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  • Time for adverse possession against registered land begins to run when the claimant's occupation is adverse to a registered proprietor

Court orders

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  1. 1.Declaration that the Plaintiffs have become entitled to the suit parcels (Embu/Ngangara/4585, 4586, 4587, 4588, 4652, 4653, 4654, 4655, 4656, 4657, 4658 and 4659) by adverse possession
  2. 2.Grant of prayers (a), (c), (d), (e) and (f) of the Originating Summons dated 22/2/2022
  3. 3.Each party to bear their own costs of the suit
Jurisdiction invoked
Section 7 and Section 13(1) of the Limitation of Actions Act (adverse possession claim under the Originating Summons)

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, "Ngunguru & another v Njanja (Environment and Land Case E007 of 2022) [2025] KEELC 5909 (KLR)", Case Analysis (2025). Originating Summons dated 22/2/2022 (Embu). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5909/eng@2025-06-18

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