Mugambi v Zips (Enviromental and Land Originating Summons E049 of 2025) [2026] KEELC 730 (KLR) (5 February 2026) (Judgment)
- Court
- Environment & Land Court
- Case number
- 730
- Citation
- [2026] KEELC 730 (KLR)
- Decided
- 5 February 2026
The court finds that the applicant has satisfied the legal requirements for adverse possession and grants the prayers sought in the Originating Summons.
Facts
The applicant, Muguambi, claimed to have occupied and built structures on the disputed land (plot 816, Malindi) since 2000 without the registered owner's permission. She presented documents showing she obtained necessary permissions and issued business permits. The respondent, Zips, was the registered owner.
Issues
- Whether the applicant has met the threshold for adverse possession.
- Whether the applicant is entitled to be declared the proprietor of the land by way of adverse possession.
Reasoning
The court applied the doctrine of adverse possession, which requires open and notorious possession for at least 12 years without the registered owner's consent. The applicant's evidence demonstrated continuous and uninterrupted occupation for more than 25 years, excluding the registered owner.
Outcome
The court grants the applicant's prayer for a declaration that she has obtained title over the disputed land by way of adverse possession.
Orders
- Grant the applicant's prayer for a declaration of proprietary title over the disputed land.
Authorities cited
Legislation (2)
- Limitation of Actions Act Cap 22, Laws of Kenya
- Land Act
Cases cited (4)
- Wambugu v Njuguna [1983] KLR 172
- Kasuve v Mwaani Investments Ltd & 4 others [2004] KLR 184
- Mtana Lewa v Kahindi Ngala Mwagandi [2015] eKLR
- Chevron (k) Ltd v Harrison Charo Wa Shutu [2016] eKLR
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