Simwa v Ange'lei & 3 others (Enviromental and Land Originating Summons E019 of 2025) [2026] KEELC 1606 (KLR) (18 March 2026) (Ruling)

Facts

Christine Aritah Simwa claims adverse possession over a parcel of land measuring 5.728 hectares, formerly known as L.R. No. Trans Nzoia/Kaisagat/247, which was a subdivision of L.R. No. Trans Nzoia/Kaisagat/201. She alleges continuous possession since 1992, while the respondents claim adverse possession was nullified by a court order in 2018.

Issues

1. Whether the applicant can claim adverse possession over the land despite the respondents' title being confirmed by a court order.
2. Whether the applicant's possession is continuous and uninterrupted to qualify for adverse possession.

Reasoning

The court held that the applicant's possession was continuous and uninterrupted, meeting the criteria for adverse possession. However, the court also ruled that the applicant cannot claim adverse possession against the respondents, who now hold the title due to a court order.

Outcome

The court granted a temporary injunction.

Authorities cited