Wanjohi v Gikore (Sued as the administrators of the Estate of the Late Patrick Gikore Mwitari) (Enviromental and Land Originating Summons E005 of 2023) [2025] KEELC 7192 (KLR) (1 October 2025) (Judgment)

Facts

The plaintiff, James Mwangi Wanjohi, claimed adverse possession of 5 acres of land from Patrick Gikore Mwitari. The plaintiff entered into a sale agreement and took possession of the land, but Patrick Gikore Mwitari later rescinded the agreement and threatened to sell the land to a third party.

Issues

1. Whether the plaintiff has proved a claim of adverse possession on the suit land to the tune of 5 acres

Reasoning

The court found that the plaintiff did not demonstrate uninterrupted possession of the land for 12 years without permission of the registered owner, and the letters from the DO and the seller indicate that the plaintiff was in occupation of the land without permission.

Outcome

The plaintiff's claim of adverse possession was dismissed.

Authorities cited