[2018] KEELC 1677 (KLR)

[2018] KEELC 1677 (KLR)

The court found that the plaintiff failed to attach a certified extract of title for Land Reference Number 209/15290 as required by Order 37 rule 7 of the Civil Procedure Rules, rendering the originating summons fatally defective. Additionally, the plaintiff did not provide evidence of actual possession, exclusive...

Source-derived case information.

Citation
[2018] KEELC 1677 (KLR)
Parties
Plaintiff: Golf Range Limited; Defendant: Registered Trustees of National Olympics Committee; Defendant: Kipchoge Keino; Defendant: Tom O’Mwombo; Defendant: Fridah Shiroya
Court
Environment and Land Court
Court Station
Environment and Land Court at Nairobi
Jurisdiction
Kenya
Case Number
Environment & Land Case 125 of 2017
Procedural Posture
Originating Summons / Judgment
Outcome
suit dismissed
Judges
BM Eboso
Legal Topics
Adverse Possession, Land Title Registration, Limitation of Actions, Burden of Proof
Source Language
en
Land and Property Adverse Possession Land Title Registration Limitation of Actions Burden of Proof

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Summary, issues, holding and outcome

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Parties

Golf Range Limited

Plaintiff

Registered Trustees of National Olympics Committee

Defendant

Kipchoge Keino

Defendant

Tom O’Mwombo

Defendant

Fridah Shiroya

Defendant

Procedural Posture

Originating Summons / Judgment

Legal Issues

  1. 1 Whether the plaintiff has acquired title to Land Reference Number 209/15290 by adverse possession.
  2. 2 Whether the originating summons is fatally defective for lack of a certified extract of title as required by law.
  3. 3 Whether the defendants' title has been extinguished and should be transferred to the plaintiff.

Ratio Decidendi

The court found that the plaintiff failed to attach a certified extract of title for Land Reference Number 209/15290 as required by Order 37 rule 7 of the Civil Procedure Rules, rendering the originating summons fatally defective. Additionally, the plaintiff did not provide evidence of actual possession, exclusive occupation, or developments on the defendants' land, nor did it address the impact of surrender, resurvey, and reparcelling of the land due to the Southern Bypass. The plaintiff's evidence related to a different parcel (LR 209/14151), and there was no proof that the title to the suit property existed or was unaffected by the surrender. Consequently, the plaintiff did not satisfy...

Court Disposition

suit dismissed

Orders

  • The plaintiff's suit is dismissed for lack of merit.
  • The defendants shall have costs of the suit.