[2018] KEELC 565 (KLR)
The court found that the Plaintiff is the registered proprietor of the suit land, L.R. No. 12581, I.R. 40811, and that the Defendants had failed to contest the Plaintiff's claim or provide any evidence to the contrary. There was no evidence that the Plaintiff's title was acquired fraudulently or through...
Source-derived case information.
- Citation
- [2018] KEELC 565 (KLR)
- Parties
- Plaintiff: Joseph Kamuya Maitha; Defendant: Noah Leinah; Defendant: Emmanuel Taison
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 408 of 2017
- Procedural Posture
- Land and Environment Case / Judgment
- Outcome
- Plaintiff's suit allowed.
- Judges
- OA Angote
- Legal Topics
- Ownership of Land, Eviction, Injunctions, Title Registration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Kamuya Maitha
Plaintiff
Noah Leinah
Defendant
Emmanuel Taison
Defendant
Procedural Posture
Land and Environment Case / Judgment
Legal Issues
- 1 Whether the Plaintiff is the lawful registered proprietor of L.R. No. 12581, I.R. 40811.
- 2 Whether the Defendants are unlawfully occupying the Plaintiff's land and should be compelled to vacate.
- 3 Whether the Plaintiff is entitled to a permanent injunction restraining the Defendants from interfering with the suit land.
Ratio Decidendi
The court found that the Plaintiff is the registered proprietor of the suit land, L.R. No. 12581, I.R. 40811, and that the Defendants had failed to contest the Plaintiff's claim or provide any evidence to the contrary. There was no evidence that the Plaintiff's title was acquired fraudulently or through misrepresentation. The law vests absolute ownership in the registered proprietor unless proven otherwise. Therefore, the Plaintiff is entitled to orders compelling the Defendants to vacate the land and to a permanent injunction restraining them from further interference.
Court Disposition
Plaintiff's suit allowed.
Orders
- The Defendants are compelled to vacate parcel of land L.R. No. 12581, I.R 40811 situate in Machakos County.
- A permanent injunction is issued restraining the Defendants, their servants, agents, employees or any other person claiming through them from herding cattle or doing any prejudicial act on L.R. 12581, I.R. 40811.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MACHAKOS
ELC. CASE NO. 408 OF 2017
JOSEPH KAMUYA MAITHA..............................................PLAINTIFF
VERSUS
NOAH LEINAH...........................................................1ST DEFENDANT
EMMANUEL TAISON...............................................2ND DEFENDANT
JUDGMENT
1. In the Amended Plaint dated 4th April, 2018, the Plaintiff is seeking for an order compelling the Defendants to vacate land known as L.R. No. 1258, I.R. 40811 situate in Machakos County. The Plaint is premised on the grounds that the Plaintiff is the registered proprietor of L.R. No. 1258, I.R. 40811 measuring 48. 56Ha; that in the year 2015, he allowed the Defendants to keep their herd of cattle on the suit land and that even after giving the Defendants a notice to vacate the land, they have refused to do so.
2. Although the Defendants were served with the Summons to Enter Appearance and the Plaint, they neither entered appearance nor filed a Defence. The Plaintiff testified on 17th September, 2018. It was the evidence of the Plaintiff, PW1, that he is the registered proprietor of the land. The Plaintiff produced in evidence a copy of the grant for L.R. No. 12581.
3. PW1 informed the court that he is the registered owner of half an acre of Plot No. L.R. No. 12581/8 measuring 48. 56Ha which he purchased; that in the year 2015, he allowed the Defendants to keep their herd of cattle on the said land and that they have since refused to vacate the land even after serving them with a notice to vacate.
4. It is trite that the registration of a person as the proprietor of land vests in that person the absolute ownership of that land together with all rights and privileges belonging or appurtenant thereto (see Section 24 of the Land Registration Act). Indeed, the rights of the registered proprietor of land can only be defeated on the ground of fraud or misrepresentation to which the person is proved to be a party; or where the Certificate of Title has been acquired illegally, unprocedurally or through a corrupt scheme(See Section 26 of the Land Registered Act).
5. The Defendant has not traversed the allegations raised by the Plaintiff in the Plaint. Indeed, there is no evidence before the court to show that the Title Deed that the Plaintiff is holding was acquired fraudulently or by misrepresentation. Consequently, I find that the Plaintiff has proved that he is the lawful owner of the suit land.
6. For those reasons, I allow the Plaintiff’s Amended Plaint dated 4th April, 2018 as follows:
a. An order be and is hereby issued compelling the Defendants to vacate parcel of land L.R. No. 12581, I.R 40811 situate in Machakos County.
b. A permanent injunction be and is hereby issued restraining the Defendants, their servants, agents and or employees or any other person whomsoever is claiming through them from herding their cattle on L.R. 12581, I.R. 40811 and from doing any other prejudicial act on the land.
c. The Defendants to pay the costs of the suit.
DATED, DELIVERED AND SIGNED IN MACHAKOS THIS 23RD DAY OF NOVEMBER, 2018.
O.A. ANGOTE
JUDGE