Ole Koilel & 17 others v Emco Billets and Steel Ltd & another (Land Originating Summons E038 of 2025) [2026] KEELC 4490 (KLR)
The bottom line
#Kenya's Environment and Land Court ruled that a bank holding a mortgage over land cannot join an adverse possession case as a defendant, because a charge doesn't stop adverse possession time.
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 Applicant (Co-operative Bank of Kenya Limited, as chargee) satisfies the threshold for joinder as a Defendant in the adverse possession suit
Key legal issues
#Whether a chargee holding a registered charge over the suit property is a necessary party to an adverse possession claim against the registered owner
No. The registered charge does not confer ownership nor defeat the plaintiffs' adverse possession claim; the Applicant failed to meet the conditions for joinder under Order 1 Rule 10(2).
The court applied Order 1 Rule 10(2) and the test in Lucy Nungari Ngigi v National Bank of Kenya: joinder is warranted where a common question of law or fact arises and the party's presence is necessary for complete adjudication. Relying on Benson Mukuwa Wachira, it held that charging land in occupation of an adverse possessor does not interrupt time, and the chargee takes subject to the overriding interest. The bank's interest is therefore not distinct enough to require joinder as Defendant.
Legal principles established
#- Charging or mortgaging land occupied by a person in adverse possession does not interrupt the running of time in adverse possession.
- A mortgagee or transferee takes land subject to an overriding interest of adverse possession acquired or in the process of being acquired.
Court orders
#- 1.The application dated 11th February 2026 is dismissed
- 2.Costs shall be on the Applicant
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Order 1 Rule 10(2) of the Civil Procedure Rules (joinder of parties) in a first-instance adverse possession suit
Relief refused
#Striking out Co-operative Bank of Kenya Limited as an Interested Party and joining it as 2nd Defendant
The Applicant failed to demonstrate a necessary interest in the claim; a registered charge does not interrupt adverse possession and the Applicant is not a necessary party.
Costs
Costs shall be on the Applicant (the Interested Party pays the costs of the dismissed application).
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.
the act of charging or mortgaging the land does not interrupt time from running in adverse possession. Time for adverse possession continues to run.
the mortgagee or transferee takes subject to such overriding interest.
The application dated 11th February 2026 lacks merit and is hereby dismissed
Costs shall be on the Applicant.
Issues in the judgment
#The judgment states the Interested Party's application is dated 11th February 2026, after the Plaintiffs' and Applicant's submissions dated 16th and 24th June 2026, and the ruling is dated 14th July 2026 - dates appear internally inconsistent/anomalous.
The judgment does not name the Defendant or the Plaintiffs in the cause title; parties are identified only from the body and the attending counsel list.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ole Koilel & 17 others v Emco Billets and Steel Ltd & another (Land Originating Summons E038 of 2025) [2026] KEELC 4490 (KLR)", Case Analysis (2026). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4490/eng@2026-07-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.