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Educational sample. Replace bracketed fields using your evidence.
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MOMBASA
LAND CASE NO [reference]
[CLAIMANT] v [RESPONDENT]
AFFIDAVIT
1. I am [occupier], the applicant, and identify the extent claimed as [parcel and surveyed portion]. I distinguish matters within my personal knowledge from information received from [identified custodian]. I do not swear to facts absent from the genuine records supplied for this actual application.
2. My asserted occupation began in 1995. For each relevant period I identify the actual use, boundaries, structures, persons occupying and any interruption at [evidence references]. The allegation of lengthy occupation is not a declaration that all years are legally capable of accruing adverse possession.
3. The land was part of a settlement scheme. My neighbouring allocation and the asserted change from an earlier plot number to the present parcel must be supported by genuine allocation, survey and registry documents. I do not infer ownership of the disputed parcel merely from adjacency.
4. The certified title extract at [genuine exhibit] records [public proprietor and period] and private registration on [date]. I disclose the December 2023 private-registration date in the source scenario and the respondents objection that the prior public-land years are excluded by section 41.
5. I identify any observed interference, its date and the persons involved at [verified details]. Photographs, police reports and correspondence must be authenticated by competent evidence. None of those exhibits is contained in this educational draft.
6. This affidavit supplies factual evidence for the actual court process; it does not overcome the public-land limitation by assertion. The source claim was struck out on that bar. Complete a truthful affidavit and valid jurat only after checking the complete title history and current procedural position.
SWORN by [deponent] at [place] on [date]. Signature [ ]. BEFORE ME [competent authorised oath administrator]. This specimen has not been sworn.
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Tell us about your dispute and the court involved. Request a document drafted for your facts, with your evidence and the relief you need.
An advocate confirms availability, scope and fees before accepting your matter.Educational reconstruction from a reported decision. Newly drafted sample, not an original filing or a matter handled by our team. Identifying details are replaced with bracketed fields. Verify the facts, law, jurisdiction and court directions before use.
Use and evidence notes
Complete the deponent identity, authority and actual personal-knowledge or identified-information basis. Index and authenticate genuine exhibits; missing exhibits are not supplied by this text. An affidavit is evidence, not a vehicle for new unpleaded relief or invented expert conclusions. Obtain any required leave for a further affidavit and complete a valid jurat before a competent authorised person. This specimen is unsworn. The specimen is unsworn. The occupation account in the source was alleged; its inclusion does not mean the claim succeeded.
Supporting material: [date]; [author or custodian]; [description]; [bundle page]; [authenticating witness]; [admission or permission]. Attach genuine records only. This public specimen contains no exhibits, signatures, personal identifiers or sworn declaration.
Source facts and limits of the decision
An occupier asserted occupation from 1995 and sought adverse possession and interim protection over a settlement-scheme parcel. The respondents raised missing certified title evidence, a recent private title and the public-land exclusion. The ruling treated the property as public land until private registration on 15 December 2023, preceding the June 2024 proceedings by about six months.
The ELC upheld the public-land objection, struck out the originating summons and interim motion, and awarded respondents costs. It rejected automatic striking out solely for a missing certified title extract because directions could cure that evidential omission. The Court did not decide the injunction merits after striking out the originating process.
Check Limitation of Actions Act sections 7, 17, 38 and 41, Constitution article 62 and Order 37 rules 7 and 18. Public-land years did not accrue adverse possession in this source. A change of private ownership does not universally restart time: establish the complete public/private title chronology. Source references to settlement bodies are not independent proof of tenure.
Read the original reported decision: [2025] KEELC 312 (KLR) — 31 January 2025
The original decision may identify participants. The specimen replaces their identifying details. The reproduced primary judicial text, Mombasa court heading, reasons and operative orders were checked. Source contradictions and unsuccessful positions are identified. These are newly drafted educational specimens, not original pleadings or matters handled by our team. No genuine exhibits, signatures, subsequent-order assurance or licensed-advocate review is claimed. Check the authentic file, current law and directions before use.
Related law and procedural rules
Constitution of Kenya · Civil Procedure Act · Civil Procedure Rules · Evidence Act · Land Registration Act · Limitation of Actions Act — Kenya Law
Civil Procedure Rules — check current amendments and directions
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