The question of whether Magistrates' Courts are vested with jurisdiction to adjudicate claims of adverse possession has elicited divergent judicial interpretations. Two main schools of thought have emerged. One contends that the magistrates' courts have jurisdiction while the second one disputes this position and places the jurisdiction exclusively under the Environment and Land Court. A. JUSTIFICATION OF THE COMPETENCE OF MAGISTRATES' COURTS IN ADVERSE POSSESSION CLAIMS The first contends that the Magistrates' Courts do indeed have jurisdiction, relying on section 26(3 ) and (4) of the Environment and Land Court Act, 2011, alongside section 9 of the Magistrates' Courts Act, 2015 . This perspective posits that duly gazetted magistrates may hear land-related disputes, including adverse possession, as long as they fall within their prescribed pecuniary limits. Section 26(3) of the Environment and Land Court Act provides that: ...
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