Otengo v Andango (Land Originating Summons E024 of 2024) [2026] KEELC 3814 (KLR)
The bottom line
#The Environment and Land Court in Kisumu dismissed Hellen Otengo's claim to land by adverse possession because she could not prove actual occupation of the property.
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 acquired title to the suit land by adverse possession.
- 2.whether the Applicant is entitled to injunctive orders restraining the Defendant from interfering with the suit property.
Key legal issues
#Whether the Plaintiff acquired title to the suit land by adverse possession
No. The Plaintiff neither proved the alleged 1973 sale nor long possession and occupation; the claimed adverse possession failed.
The court found no evidence of the sale agreement, purchase price, or the seller's capacity, the Defendant having been only 5 years old in 1973. It also found no proof of occupation: no surveyor's report, photographs or independent witnesses supported the claim, and Defendant's photographs did not show the Plaintiff's home, burial sites or farming. Possession must be proved by evidence, not assumed from pleadings. Consequently the Plaintiff was found to be a trespasser who entered in 2024.
Whether the Plaintiff was entitled to injunctive orders against the Defendant
No. Having failed to prove entitlement to the land, the Plaintiff had no basis for injunctive relief.
The court held that as registered proprietor the Defendant is entitled to constitutional and statutory protection of his proprietary rights. Since the Plaintiff failed to prove her case on a balance of probabilities, both the declaratory and injunctive reliefs fell away and the suit was dismissed with costs to the Defendant.
Legal principles established
#- Adverse possession must be established as a fact, with clear intention to hold adversely and de facto use and occupation shown
- Proof of possession and/or occupation for the prescribed period is the heart of a claim of adverse possession
Court orders
#- 1.the suit is dismissed.
- 2.costs are awarded to the Defendant.
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court over land parcel KISUMU/OJOLA/682
Relief refused
#Declaration of entitlement by adverse possession and registration as proprietor of the whole of the suit land
Plaintiff failed to prove the 1973 sale or long occupation; adverse possession was not established as a fact
Alternative relief based on resulting trust and purchase price paid
No sale agreement or evidence of purchase price; alleged seller was aged about 5 in 1973 and denied the sale
Injunction restraining the Defendant from dealing with or interfering with the suit land
Plaintiff failed to prove entitlement to the suit land; registered owner entitled to protection of proprietary rights
Costs
costs are awarded to the Defendant
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.
i. the suit is dismissed. ii. costs are awarded to the Defendant.
The burden of proof was with the Plaintifi, and she did not discharge it.
That adverse possession must be established as a fact. It cannot be assumed as a matter of law from mere exclusive possession even if the possession has been for twelve years.
I find that the Plaintifi is only a trespasser on the suit land onto which she unlawfully entered in the year 2024
Issues in the judgment
#The judgment does not print the Defendant's name; parties are referred to only as Plaintiff and Defendant, and the Plaintiff is inconsistently referred to by both feminine and masculine pronouns
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Otengo v Andango (Land Originating Summons E024 of 2024) [2026] KEELC 3814 (KLR)", Case Analysis (2026). Originating Summons dated 30th September, 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3814/eng@2026-06-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.