Sassoon & 2 others v Apollo Insurance Company Ltd (Land Case (Originating Summons) E016 of 2024) [2026] KEELC 1764 (KLR) (19 March 2026) (Judgment)
- Court
- Environment & Land Court
- Case number
- 1764
- Citation
- [2026] KEELC 1764 (KLR)
- Decided
- 19 March 2026
The Court declares that the Defendant's title of the property has been extinguished by adverse possession by the Plaintiffs for over 33 years. The Plaintiffs are registered as the proprietors/owners of the property.
Facts
The Plaintiffs claim adverse possession of a property in Karen, Nairobi, which they have occupied since 1995. The Defendant, Apollo Insurance Company Ltd, is the registered owner of the property. The Plaintiffs have paid land rates and have modernized the property.
Issues
- Whether the Defendant's title of the property has been extinguished by adverse possession by the Plaintiffs.
- Whether the Plaintiffs have acquired title to the property by adverse possession.
- Whether the Plaintiffs should be registered as the owner of the property.
- Whether the Plaintiffs should be awarded costs of the proceedings.
Reasoning
The Plaintiffs have occupied the property openly and continuously for over 12 years without permission, establishing adverse possession. The Defendant's title is held in trust for the Plaintiffs, and the rights of the Defendant are extinguished.
Outcome
In favour of the Plaintiffs
Orders
- A declaration that the Defendant's title of the property has been extinguished by adverse possession by the Plaintiffs for over 33 years.
- The Land Registrar is ordered to register the Plaintiffs as the proprietors/owners of the property.
- The Deputy Registrar is directed to execute all necessary instruments to facilitate registration of the Plaintiffs as legal owners of the property.
Remedies
- Registration of the Plaintiffs as the proprietors/owners of the property.
Authorities cited
Legislation (1)
- Limitation of Actions Act
Cases cited (1)
- Public Trustee – v- Kamau Wanduru (1984) KLR 314 at 324
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