[2017] KEELC 500 (KLR)
The court found that the plaintiff, as the registered proprietor of the suit land Trans-Nzoia/Kapkoi/263, is entitled to protection of his rights and interests under Sections 24 and 25 of the Land Registration Act. The plaintiff produced a Certificate of Confirmation of Grant and the original title deed in his name,...
Source-derived case information.
- Citation
- [2017] KEELC 500 (KLR)
- Parties
- Plaintiff: Joseph Givan Mwangi Kimani (Suing as the Administrator of the Estate of Mary Njoki Kimani - deceased); Defendant: Simon Wanyika
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Land Case 95 of 2017
- Procedural Posture
- Land Case / Judgment
- Outcome
- Judgment for the plaintiff. Declaration of ownership and eviction granted. Claim for mesne profits declined.
- Judges
- FM Njoroge
- Legal Topics
- Land Ownership, Trespass, Eviction, Registration of Title
- 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
Joseph Givan Mwangi Kimani (Suing as the Administrator of the Estate of Mary Njoki Kimani - deceased)
Plaintiff
Simon Wanyika
Defendant
Procedural Posture
Land Case / Judgment
Legal Issues
- 1 Whether the plaintiff is the rightful proprietor of parcel Trans-Nzoia/Kapkoi/263.
- 2 Whether the defendant has any legal right or interest over the suit land.
- 3 Whether the defendant is a trespasser on the suit land.
Ratio Decidendi
The court found that the plaintiff, as the registered proprietor of the suit land Trans-Nzoia/Kapkoi/263, is entitled to protection of his rights and interests under Sections 24 and 25 of the Land Registration Act. The plaintiff produced a Certificate of Confirmation of Grant and the original title deed in his name, establishing his legal ownership. The defendant, having no legal right or interest in the land and having trespassed upon it, is liable to be evicted. The plaintiff’s case was proved on a balance of probabilities, and judgment was entered in his favour for a declaration of ownership and eviction of the defendant. The claim for mesne profits was not proved and was declined.
Court Disposition
Judgment for the plaintiff. Declaration of ownership and eviction granted. Claim for mesne profits declined.
Orders
- A declaration is issued that parcel Trans-Nzoia/Kapkoi/263 solely belongs to the plaintiff.
- The defendant and those claiming under him are ordered to be evicted from parcel Trans-Nzoia/Kapkoi/263.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT KITALE
LAND CASE NO. 95 OF 2017
JOSEPH GIVAN MWANGI KIMANI
(Suing as the Administrator of the Estate of
MARY NJOKI KIMANI -deceased)…….……......PLAINTIFF
VERSUS
SIMON WANYIKA……………………………….DEFENDANT
JUDGMENT
1. The plaintiff filed this suit on 22/5/2017. He filed an amended plaint on 19/6/2017. In the amended plaint the plaintiff sought an order of declaration, declaring that the parcel of land known as Trans-Nzoia/kapkoi/263 solely belongs to the plaintiff and the defendant has no right whatsoever over the same, an order of eviction against the defendant and those claiming under him, costs of the suit and interest.
2. It is the plaintiff’s case that he is the legal administrator of the Estate of Mary Njoki Kimani who was at all material times the proprietor and beneficial owner of the suitland. It is the plaintiff’s case that he acquired the suitland in 1974 and registered it in his late mother’s name. The plaintiff pleads that he entrusted the land to his mother to act as caretaker, and to live on and depend on it for her livelihood.
3. Following the demise of the plaintiff’s mother the plaintiff became registered as the proprietor of the suit premises. The plaintiff’s claim against the defendant is based on acts of trespass which the defendant has perpetrated in respect of the suitland. It is apparent that the said trespass commenced in the year 2013. The plaintiff’s mother died in that year. The plaintiff has produced a Certificate of Confirmation of Grant dated 29/9/2016. In the schedule thereto the plaintiff is designated to be the transferee of Title No. Trans-Nzoia/Kapkoi/263 measuring 2. 40 Ha. This is the description of the suitland herein. The plaintiff has also produced the original title to Trans-Nzoia/Kapkoi/263. It bears his name.
4. Going by the above it is clear that the plaintiff, being the registered proprietor of the suitland, has his rights and interests protected by the provisions of Section 24 and 25 of the Land Registration Act. For that reason I find that the plaintiff has proved his case on a balance of probabilities against the defendant. I therefore enter judgment in favour of the plaintiff against the defendant in terms of prayers Nos. (a) (bb) and (d) of the amended plaint dated 16/6/2017. The claim for mesne profits has not been proved and it is hereby declined.
It is so ordered.
Dated, signed and delivered at Kitale on this 20thday of December, 2017.
MWANGI NJOROGE
JUDGE
20/12/2017
Before - Mwangi Njoroge -Judge
Court Assistant - Isabellah
Plaintiff in persons
N/A for defendant
COURT
Judgment read in open court.
MWANGI NJOROGE
JUDGE
20/12/2017