[2020] KEELC 3744 (KLR)
The court found that the Plaintiff had proved ownership of the suit property by producing a valid Title Deed and official search. The Defendants failed to demonstrate any superior right or to challenge the Plaintiff's title on grounds of fraud, misrepresentation, or illegality. The Plaintiff's evidence was...
Source-derived case information.
- Citation
- [2020] KEELC 3744 (KLR)
- Parties
- Plaintiff: John Muema Makau; Defendant: Jane Kyai; Defendant: George Odhiambo
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 21 of 2018
- Procedural Posture
- Land Case / Judgment
- Outcome
- Plaintiff's suit allowed in full.
- Judges
- OA Angote
- Legal Topics
- Ownership Disputes, Eviction Orders, Title Registration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Muema Makau
Plaintiff
Jane Kyai
Defendant
George Odhiambo
Defendant
Procedural Posture
Land Case / Judgment
Legal Issues
- 1 Whether the Plaintiff is the rightful owner of Mavoko Town Block 2/18761.
- 2 Whether the Defendants have any superior rights or valid claim to the suit property.
- 3 Whether the Plaintiff is entitled to an order of eviction and permanent injunction against the Defendants.
Ratio Decidendi
The court found that the Plaintiff had proved ownership of the suit property by producing a valid Title Deed and official search. The Defendants failed to demonstrate any superior right or to challenge the Plaintiff's title on grounds of fraud, misrepresentation, or illegality. The Plaintiff's evidence was uncontroverted as the Defendants did not participate in the proceedings. Consequently, the court held that the Plaintiff is entitled to a declaration of ownership, eviction of the Defendants, and a permanent injunction restraining them from interfering with the property.
Court Disposition
Plaintiff's suit allowed in full.
Orders
- Declaration that Mavoko Town Block 2/18761 is rightfully owned by the Plaintiff.
- Order of eviction and demolition against the Defendants and any persons claiming under them from Mavoko Town Block 2/18761.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MACHAKOS
ELC. CASE NO. 21 OF 2018
JOHN MUEMA MAKAU.................................................................PLAINTIFF
VERSUS
JANE KYAI.............................................................................1ST DEFENDANT
GEORGE ODHIAMBO ........................................................2ND DEFENDANT
JUDGMENT
1. In the Plaint dated 15th January, 2018 and filed on 1st February, 2018, the Plaintiff has averred that he is the rightful owner of land known as Mavoko Town Block 2/18761 (the suit property); that he allowed the Defendants, who are husband and wife, to cultivate a portion of the suit property on condition that they will vacate upon demand and that the Defendants have since refused to vacate the land.
2. The Plaintiff is seeking for a declaration that the suit property is rightfully owned by him and for orders of eviction to issue against the Defendants.
3. Although the Defendants were served with Summons to Enter Appearance and the Plaint, they neither entered appearance nor filed a Defence. The matter proceeded for hearing as undefended.
4. In his evidence, the Plaintiff, PW1, informed the court that he is the registered owner of land known as Mavoko Town Block 2/18761 and that he allowed the Defendants to cultivate the suit land and to put on it a temporary structure on condition that they will leave on demand.
5. According to PW1, when he requested the Defendants to vacate the suit property, they declined to do so. PW1 prayed for the eviction of the Defendants.
6. The Plaintiff produced in evidence the Title Deed for parcel of land known as Mavoko Town Block 2/18761 and the official search. According to the said Title Deed and the official search, the Plaintiff was registered as the proprietor of the suit property on 7th August, 2014 and was issued with a Title Deed on 7th May, 2015.
7. Section 24 of the Land Registration Act provides that the registration of a person as the proprietor of land shall vest in that person the absolute ownership of that land together with all rights and privileges belonging or appurtenant thereto. The Certificate of Title can only be defeated on the ground of fraud or misrepresentation or where it is acquired illegally, unprocedurally or through corrupt means.
8. Having not showed that they have superior rights over the suit land, or that the Plaintiff’s Title Deed was acquired fraudulently or by misrepresentation, I find that the Plaintiff has proved his case on a balance of probabilities.
9. For those reasons, I allow the Plaint dated 15th January, 2018 as follows:
a. A declaration be and is hereby issued that parcel of land known as Mavoko Town Block 2/18761 is rightfully owned by the Plaintiff and a consequential order of eviction and demolition be and is hereby issued against the Defendants whether by themselves, their sons, daughters, servants or any person claiming under them from land parcel number Mavoko Town Block 2/18761.
b. Permanent injunction be and is hereby issued restraining the Defendants whether by themselves, their sons, daughters or any person claiming under them from interfering with the peaceful enjoyment, ownership and quiet possession of all that parcel of land known as Mavoko Town Block 2/18761.
c. The Defendants to pay the costs of the suit.
DATED, DELIVERED AND SIGNED IN MACHAKOS THIS 31ST DAY OF JANUARY, 2020.
O.A. ANGOTE
JUDGE