[2023] KEELC 16010 (KLR)
The court found that the plaintiff established an unbroken chain of documentary evidence tracing ownership from the original allottee, Raymond Gakuru, to itself, including the allotment letter, sale agreement, beacon certificate, and payment of ground rent. The defendants, despite being served, failed to appear or...
Source-derived case information.
- Citation
- [2023] KEELC 16010 (KLR)
- Parties
- Plaintiff: Beshai Tropical Gardens Limited; Defendant: Robert Nyangori; Defendant: Cavine Ombogo; Defendant: Salome Muriithi
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 130 of 2016
- Procedural Posture
- Environment and Land Case / Judgment
- Outcome
- Judgment for the plaintiff. Defendants to be evicted and pay costs.
- Judges
- LN Mbugua
- Legal Topics
- Ownership Disputes, Eviction, Unregistered Land, Allocation Letters
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Beshai Tropical Gardens Limited
Plaintiff
Robert Nyangori
Defendant
Cavine Ombogo
Defendant
Salome Muriithi
Defendant
Procedural Posture
Environment and Land Case / Judgment
Legal Issues
- 1 Whether the plaintiff is the lawful owner of Plot No A (unserveyed), Rabai Road, Nairobi.
- 2 Whether the defendants are trespassers on the suit property.
- 3 Whether the plaintiff is entitled to an order of eviction against the defendants.
Ratio Decidendi
The court found that the plaintiff established an unbroken chain of documentary evidence tracing ownership from the original allottee, Raymond Gakuru, to itself, including the allotment letter, sale agreement, beacon certificate, and payment of ground rent. The defendants, despite being served, failed to appear or contest the claim. The court held that the plaintiff had proved its case on a balance of probabilities and was entitled to a declaration of ownership and an order of eviction against the defendants, who were found to be trespassers.
Court Disposition
Judgment for the plaintiff. Defendants to be evicted and pay costs.
Orders
- Judgment entered for the plaintiff against the defendants jointly and severally.
- Defendants to be evicted from Plot No A (unserveyed), Rabai Road, Nairobi.
Full Case Text
Judgment text and source record
29 paragraphs
Beshai Tropical Gardens Limited v Nyangori & 2 others (Environment & Land Case 130 of 2016) [2023] KEELC 16010 (KLR) (2 March 2023) (Judgment)
Neutral citation: [2023] KEELC 16010 (KLR)
Republic of Kenya
In the Environment and Land Court at Nairobi
Environment & Land Case 130 of 2016
LN Mbugua, J
March 2, 2023
Between
Beshai Tropical Gardens Limited
Plaintiff
and
Robert Nyangori
1st Defendant
Cavine Ombogo
2nd Defendant
Salome Muriithi
3rd Defendant
Judgment
1. Vide a plaint dated February 12, 2016, the plaintiff contends that it has always been the lawful and legal owner of the parcel of land known as Plot No A (unserveyed), measuring approximately 0. 02 hectares situated in Uhuru Estate, Nairobi. It is their case that the defendants have trespassed thereon and have refused to vacate. The plaintiff seeks the eviction of the defendants.
2. The defendants were served through the Daily Nation Newspaper of Friday May 28, 2021, but they failed to enter appearance, thus the suit is undefended.
3. PW1, Salome Gakenia Kabando testified that she is the plaintiff’s director alongside her husband Nicholas Kabando who is now deceased. She adopted her witness statement dated November 23, 2021 as her evidence and she also produced the 5 documents in her list dated November 23, 2021 as P Exhibit 1-5.
4. Pw1 avers that the plaintiff purchased the suit property from one Raymond Kipchumba Gakuru, vide a sale agreement dated April 8, 2015, of which the plaintiff paid the full purchase price of ksh 900,000/=. The suit property was then transferred to the plaintiff, and the transfer was noted in the allotment letter dated May 3, 1996 issued to Raymond Gakuru and produced asP Exhibit 1.
5. The plaintiff’s submissions are dated 2January 5, 2021 where it contends that it legally acquired the suit property, adding that the receipts from Nairobi City County acknowledge the plaintiff as the owner of the suit property. Thus the defendants are trespassers. In support of their case, the plaintiffs relied on the cases of Josphat Kuria Gathoni v James Maina Njoroge & 3 others [2019] eKLR and Marcus Mutua Muluvi Vs Philip Tonui [2012] eKLR.
6. The issue for determination is whether the plaintiff should be declared as the owner of Plot No A (unserveyed) Rabai Road, Nairobi?, and if this is in the affirmative, whether an order of eviction should be issue against the defendants.
7. The suit Plot No A (unserveyed) is allegedly occupied by the defendants, who failed to enter appearance despite being served with the summons and pleadings herein. However, the plaintiff still bears the burden of proving its case on a balance of probabilities as required by the law.
8. The suit land is not titled. In Awinja Ochieng & another v Jane Anne Mbithe Gitau & 2 others [2015] eKLR the court stated that;“In determining the above issue it would perhaps be appropriate to first state that tracing ownership of unregistered land is dependent on tracing the root of title. Unlike registered land where ownership is domiciled and founded in the register of titles, ownership of unregistered land and the ascertainment or confirmation thereof involves the intricate journey of wading through documentary history.”
9. The plaintiff has availed the letter of allocation dated May 3, 1996, showing Raymond Gakuru as the person who was allocated the land and he then transferred the same to the plaintiff. Further, the plaintiff has availed documents to show that it is the one which pays ground rent for the suit plot. In addition, the plaintiff has availed other supporting documents like the sale agreement and the beacon certificate.
10. I find that the documents produced by the plaintiff form an unbroken chain which points to the plaintiff as the owner of the suit plot. I therefore find that plaintiff’s claim is merited. Thus judgement is hereby entered for the plaintiff against the defendants jointly and severally, for the eviction of the defendants who are also condemned to pay costs of the suit.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 2ND DAY OF MARCH, 2023 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of:-Njomo for PlaintiffCourt assistant: Vanilla