[2019] KEELC 4861 (KLR)

[2019] KEELC 4861 (KLR)

The court found that the Plaintiff, not the Defendants, had encroached on the Defendants' parcel (No. 2740) as established by the Land Registrar's and surveyor's uncontested report. The Plaintiff failed to attend the boundary verification meeting and did not seek review of the Registrar's findings, which remain...

Source-derived case information.

Citation
[2019] KEELC 4861 (KLR)
Parties
Plaintiff: Joseph Kamau Kahungu; 1st Defendant: John Kunyiha Kamau; 2nd Defendant: Kimani Kunyiha; 3rd Defendant: The Registered Trustees, Kenya Assemblies of God Church; 4th Defendant: District Land Registrar-Nyandarua; 5th Defendant: County Government of Nyandarua
Court
Environment and Land Court
Court Station
Environment and Land Court at Nyahururu
Jurisdiction
Kenya
Case Number
Environment & Land Case 449 of 2017
Procedural Posture
Environment and Land Case / Judgment
Outcome
Plaint dismissed with costs to Defendants. Plaintiff's titles to be cancelled and re-issued with correct acreage.
Legal Topics
Boundary Disputes, Land Registration, Title Rectification, Trespass, Injunctive Relief
Source Language
en
Land and Property Boundary Disputes Land Registration Title Rectification Trespass Injunctive Relief

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Parties

Joseph Kamau Kahungu

Plaintiff

John Kunyiha Kamau

1st Defendant

Kimani Kunyiha

2nd Defendant

The Registered Trustees, Kenya Assemblies of God Church

3rd Defendant

District Land Registrar-Nyandarua

4th Defendant

County Government of Nyandarua

5th Defendant

Procedural Posture

Environment and Land Case / Judgment

  1. 1 Whether the Defendants illegally entered and occupied the Plaintiff's parcels of land, denying him exclusive rights and use thereof.
  2. 2 Whether the Plaintiff is entitled to eviction orders against the 1st to 3rd Defendants from the suit parcels.
  3. 3 Whether the restrictions placed on the Plaintiff’s parcels of land should be lifted or removed.

Ratio Decidendi

The court found that the Plaintiff, not the Defendants, had encroached on the Defendants' parcel (No. 2740) as established by the Land Registrar's and surveyor's uncontested report. The Plaintiff failed to attend the boundary verification meeting and did not seek review of the Registrar's findings, which remain binding. The Plaintiff's fencing covered almost the entire parcel No. 2740, and the area he occupied exceeded his registered acreage. The court held that the Plaintiff was not entitled to the reliefs sought, as he had not come to court with clean hands and had concealed material facts regarding the encroachment. The Land Registrar's and surveyor's report was adopted as the judgment...

Court Disposition

Plaint dismissed with costs to Defendants. Plaintiff's titles to be cancelled and re-issued with correct acreage.

Orders

  • District Land Registrar-Nyandarua to cancel Plaintiff’s title No. Nyandarua/Olkalou Salient/2739 and resulting subdivisions (Nos. 3637-3645) within 30 days and re-issue fresh titles with proper acreage.
  • Plaintiff’s suit dated 23rd July 2014 is dismissed with costs.