[2019] KEELC 2795 (KLR)
The court found that the plaintiff had provided uncontroverted evidence of lawful purchase and transfer of Plot No. K71-Mathare Valley Estate, including a sale agreement, affidavits from the sellers (3rd and 4th defendants), and approval from Nairobi City Council. The plaintiff demonstrated continuous possession,...
Source-derived case information.
- Citation
- [2019] KEELC 2795 (KLR)
- Parties
- Plaintiff: Abdullah Dime Sole; Defendant: Kamande Njoroge; Defendant: Kamanga Njoroge; Defendant: Wanjiru Kamande; Defendant: Wanjiku Kamande; Defendant: Muthoni Kungu
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 1479 of 2014
- Procedural Posture
- Land and Property Suit / Judgment
- Outcome
- Judgment for the plaintiff.
- Legal Topics
- Ownership Disputes, Transfer of Land, Injunctions, Formal Proof, Registration of Title
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Abdullah Dime Sole
Plaintiff
Kamande Njoroge
Defendant
Kamanga Njoroge
Defendant
Wanjiru Kamande
Defendant
Wanjiku Kamande
Defendant
Muthoni Kungu
Defendant
Procedural Posture
Land and Property Suit / Judgment
Legal Issues
- 1 Whether the plaintiff is the lawful owner of Plot No. K71-Mathare Valley Estate in Nairobi.
- 2 Whether the defendants should be permanently restrained from interfering with the plaintiff's property.
- 3 Whether the plaintiff is entitled to costs of the suit.
Ratio Decidendi
The court found that the plaintiff had provided uncontroverted evidence of lawful purchase and transfer of Plot No. K71-Mathare Valley Estate, including a sale agreement, affidavits from the sellers (3rd and 4th defendants), and approval from Nairobi City Council. The plaintiff demonstrated continuous possession, payment of rates, and completion of construction. The defendants, despite being served, failed to appear or contest the claim. The court held that the plaintiff had proved his case on a balance of probabilities and was entitled to a declaration of ownership, a permanent injunction against the defendants, and costs of the suit. The orders were made jointly and severally against...
Court Disposition
Judgment for the plaintiff.
Orders
- A declaration is hereby given that Plot No. K71-Mathare Valley Estate situate at Nairobi along Mathare Valley belongs to the plaintiff.
- A permanent injunction is given restraining the 1st, 2nd, 3rd, 4th and 5th defendants and their agents or those claiming under them from interfering with Plot No. K71-Mathare Valley Estate in Nairobi.
Full Case Text
Judgment text and source record
32 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT & LAND COURT
AT MILIMANI
ELC CASE NO. 1479 OF 2014
ABDULLAH DIME SOLE...................PLAINTIFF
VERSUS
KAMANDE NJOROGE.............1ST DEFENDANT
KAMANGA NJOROGE...........2ND DEFENDANT
WANJIRU KAMANDE............3RD DEFENDANT
WANJIKU KAMANDE............4TH DEFENDANT
MUTHONI KUNGU................5TH DEFENDANT
JUDGMENT
1. The Plaintiff filed this suit against the Defendants seeking the following reliefs:-
a. A declaration that Plot Number K71-Mathare Valley Estate situated in Nairobi along Mathare Valley belongs to the Plaintiff and order the Officer Commanding Huruma Police Station (OCS) to ensure the Plaintiff is able to develop the said parcel without any interference.
b. A permanent injunction restraining the 1st, 2nd, 3rd, 4th and 5th Defendants and their agents or those claiming under them from inferring with construction of with Plot Number K71-Mathare Valley Estate situated in Nairobi.
c. Costs of the suit.
d. Any other relief which the Court may deem fit to grant.
2. The Plaintiffs who were duly served with summons to enter appearance neither entered appearance nor filed a defence. The hearing therefore proceeded by way of formal proof.
3. Plot No. K71-Mathare Valley Estate (suit property) originally belonged to Muiruri Njoroge. The said Muiruri Njoroge transferred the suit property to his two daughters who are named as the 3rd and 4th Defendants. The two daughters of Muiruri Njoroge then sold the suit property to the Plaintiff who was granted possession.
4. When the Plaintiff started constructing on the suit property, the Defendants who had their family property next to the suit property started interfering with the construction. The Plaintiff was forced to come to Court whereby he obtained an injunction restraining the Defendants from interfering with his construction. The Plaintiff later obtained an order from the Court directing the Officer Commanding Huruma Police Station to oversee the Implementation of the Orders which had been given in favour of the Plaintiff.
5. During the hearing of this suit, the Plaintiff testified that after he obtained an injunction from Court, the Defendants ceased from interfering with the suit property. He continued with construction on the suit property which he completed and the property is now occupied by his tenants.
6. I have looked at the documents produced by the Plaintiff. There is evidence that the Plaintiff purchased the suit property from the 3rd and 4th Defendants. The sale agreement was executed on 9th November, 2013. The 3rd and 4th Defendants have sworn affidavits confirming that they sold the suit property to the Plaintiff. When the Plaintiff’s application for injunction came up for hearing on 5th May 2015, the two Defendants who were present confirmed that they had sold the suit property to the Plaintiff.
7. The 3rd and 4th Defendants applied to the Nairobi City Council to have the suit property transferred to the Plaintiff. The application for transfer was duly approved and the suit property was transferred to the Plaintiff who has been registered in the County records as owner of the suit property. The Plaintiff paid the required amount to the City County of Nairobi and is the one who has been paying rates.
8. The evidence of the Plaintiff has not been controverted. The Plaintiff had all the original documents in Court during the hearing as had been directed by the Court. I find that the Plaintiff has proved his case on a balance of probabilities. I enter Judgment in his favour against the Defendants jointly and severally as follows:-
a. A declaration is hereby given that Plot No. K 71 – Mathare Valley Estate situate at Nairobi along Mathare Valley belongs to the Plaintiffs.
b. A permanent injunction is given restraining the 1st, 2nd, 3rd, 4th and 5th Defendants and their agents or those claiming under them from interfering with Plot No. K 71 –Mathare Valley Estate in Nairobi.
c. Costs of the suit to be paid by the Defendants jointly and severally.
Dated, Signed and delivered at Nairobion this 25thday of June, 2019.
E.O.OBAGA
JUDGE
In the absence of parties who had notice of date and delivery of Judgment.
Court Clerk Hilda