[2017] KEELC 1994 (KLR)
The court found that the purported sale of the suit land by the former chairman of the plaintiff company to the defendants was invalid as it was done without a company resolution and without the consent of the Land Control Board, both of which are mandatory legal requirements for the valid transfer of agricultural...
Source-derived case information.
- Citation
- [2017] KEELC 1994 (KLR)
- Parties
- Plaintiff: Ituiku Farmers Co. Ltd; Defendant: Elijah Misoi; Defendant: Simon Kimetto; Defendant: Joseph Koech
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Narok
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 58 of 2017
- Procedural Posture
- Land and Environment Case / Judgment
- Outcome
- Judgment for the plaintiff. Eviction order granted. Costs awarded to the plaintiff.
- Judges
- MN Kullow
- Legal Topics
- Fraudulent Land Sale, Company Resolution, Land Control Board Consent, Eviction Orders, Trespass, Title Challenge
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ituiku Farmers Co. Ltd
Plaintiff
Elijah Misoi
Defendant
Simon Kimetto
Defendant
Joseph Koech
Defendant
Procedural Posture
Land and Environment Case / Judgment
Legal Issues
- 1 Whether the sale of land by the former chairman without company resolution was valid.
- 2 Whether the absence of Land Control Board consent invalidated the sale agreement.
- 3 Whether the defendants are trespassers on the plaintiff's land and liable to eviction.
Ratio Decidendi
The court found that the purported sale of the suit land by the former chairman of the plaintiff company to the defendants was invalid as it was done without a company resolution and without the consent of the Land Control Board, both of which are mandatory legal requirements for the valid transfer of agricultural land in Kenya. The defendants, having entered and occupied the land without a valid title, are trespassers. As the defendants did not contest the suit, the plaintiff's title remains unchallenged. The court therefore granted the orders sought by the plaintiff, including eviction of the defendants and any persons claiming under them, and awarded costs to the plaintiff.
Court Disposition
Judgment for the plaintiff. Eviction order granted. Costs awarded to the plaintiff.
Orders
- An order of eviction is issued against the defendants, their members, and any person claiming title under the defendants to vacate parcel NAROK CIS MARA/OLOLULUNGA/137 within 120 days from the date of judgment.
- Any eviction after the lapse of the said period must be carried out in strict compliance with section 152(a) to (g) of the Land Act Revised 2016.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT NAROK
ELC CAUSE NO. 58 OF 2017
ITUIKU FARMERS CO. LTD…………………………PLAINTIFF
-VERSUS-
ELIJAH MISOI…………………….………………1ST DEFENDANT
SIMON KIMETTO………………………………….2ND DEFENDANT
JOSEPH KOECH……………………….………….3RD DEFENDANT
JUDGEMENT
The Plaintiff a limited liability company had commenced this suit against the defendants by way of a plaint dated 15th November, 2013. The Defendants were sued under their capacity as officials of chemalungtany farmers.
The Plaintiff alleges that sometime in 1995, the then Chairman one Stephen Kirie fraudulently purported to enter into a Sale Agreement with theDefendant for the sale of a parcel of land known as NAROK/CIS MARA/OLOLULUNGA/137 measuring 82 hectares. It is the Plaintiff’s case that the purported sale was fraudulent as no resolution of the company was obtained to sell the land to the Defendants and further that the consent of the Land Control Board was not obtained.
The Defendant was served with the plaint but had not entered appearance and nor filed his defence.
During the hearing of the suit the Plaintiff called one witness to testify namely Geoffrey Mungai Kubwa who stated that he was the chairman of the Plaintiff Company.
In his evidence in chief PW 1 stated that the plaintiff was a Land Company and it has title to the suit land that there former chairman one Stephen Kiarie supposedly attempted to sale to the Defendants in which he was not authorized.
That the Defendants moved into the suit land in 2006 and they continue to occupy and cultivate the land to their detriment.
The Plaintiff pray that the court do issue an order of eviction and damages for trespass to the land.
The Plaintiff case is thus undefended and uncontested and hence the Plaintiff title remains unchallenged and in view of the above I will enter judgement against the Defendant in the following terms:-
1. That an order of eviction do issue against the Defendants, its members and any person claiming title under the Defendant to vacate the plaintiff parcel of land NAROK CIS MARA/OLOLULUNGA/137 within 120days from the date of this judgement.
2. That any eviction during the lapse of the said period be carried out in strict compliance with the provisions of section 152(a) to (g) of the Land Act Revised 2016.
3. The costs of the suit to the plaintiff.
It is so ordered.
Dated, SignedandDeliveredin open court atNAROKon this 27thday ofJuly 2017
Mohammed Noor Kullow
Judge
27/7/17
In the presence of:-