Margaret Atieno Miruka & another v Simon Omboga Ooko (Suing as administrator ad litem of the Estate of Alois Ooko Omboga, Deceased) & another

The issues the Court set itself to decide, in its own words.

1. 1.Whether Margaret Atieno Miruka has proved all ingredients of adverse possession—whether her stay was open, exclusive and uninterrupted (nec vi, nec clam, nec precario) for twelve years, or permissive and severed by the adjudication ruling of May 28, 1992
2. 2.Whether the registered owner's right to recover the land was extinguished under the Limitation of Actions Act before the 2024 transactions
3. 3.Whether Elijah Okoth Ongaro qualifies as a protected bona fide purchaser for value without notice
4. 4.Whether the vendor's death extinguished the contract, and whether the administrator ad litem properly bridged the procedural gap to fulfil specific performance
5. 5.Who among the litigants is ultimately entitled to the prayers and reliefs sought

• Where entry onto land is permissive, time for adverse possession does not run until the permission is unmistakably and aggressively repudiated
• A bona fide purchaser for value without notice is protected even against prior possessory assertions where due diligence was exercised
• Death of a vendor does not extinguish a contract; an administrator ad litem may complete the transaction

1. 1.Declaration that the Originating Summons Plaintiffs failed to prove adverse possession; ELC Case No. E014 of 2025 dismissed with costs to the 1st Defendant and the Purchaser
2. 2.Declaration in ELC Case No. E007 of 2025 that Elijah Okoth Ongaro is a bona fide purchaser for value without notice holding a valid equitable interest under the agreement dated April 12, 2024
3. 3.Order of specific performance directing the 1st Defendant as administrator ad litem to finalize succession proceedings under the Law of Succession Act (Cap 160), incorporate the purchaser into the confirmation of grant, and execute Form LRA 33 transfer instruments to convey the land to Elijah Okoth Ongaro
4. 4.Permanent injunction restraining the 2nd and 3rd Defendants from entering, cultivating, or interfering with Land Parcel Number Kasgunga/Kamreri/1029
5. 5.Vacant possession to be delivered by the 2nd and 3rd Defendants within thirty (30) days, failing which formal eviction orders shall issue without further reference
6. 6.The caution lodged by Peter Ogolla Miruka on May 6, 2024 to be immediately removed and cancelled
7. 7.Costs of the consolidated suits borne by the 2nd and 3rd Defendants jointly and severally, payable to the Purchaser and the 1st Defendant

One judgment of the whole court — no separate or dissenting opinions.

Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.