Odhiambo v Anyango (Enviromental and Land Originating Summons 02 of 2022) [2025] KEELC 7746 (KLR) (4 November 2025) (Judgment)

Summary at a glance

Facts

The plaintiff, John Odhiambo, claims to have acquired title to a half portion of land (Kamagambo/Kanyamaba/359) by adverse possession since 1961. The defendant, Samuel Anyango, claims to hold the land in trust for the plaintiff and has letters of administration of the estate of Anyango Odoyo.

Issues

• Whether the plaintiff has acquired the suit land by way of adverse possession.
• Whether the defendant holds the land in trust for the plaintiff.

Reasoning

The court applied the doctrine of adverse possession as outlined in the Limitation of Actions Act, Section 7, and Section 13, concluding that the plaintiff's possession was not adverse to the true owner's title.

Outcome

The plaintiff's claim for adverse possession was dismissed.

Authorities cited