[2020] KEELC 2574 (KLR)
The court found that the Plaintiff had produced sufficient evidence of title to the Suit Property, establishing him and his wife as registered proprietors. However, the Plaintiff failed to provide evidence that the 1st Defendant had acquired another title to the property or that any developments had been demolished....
Source-derived case information.
- Citation
- [2020] KEELC 2574 (KLR)
- Parties
- Plaintiff: Julius Keru Njoroge; Defendant: Silas Mwangi; Defendant: Chief Land Registrar
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 369 of 2018
- Procedural Posture
- Land and Property Suit / Judgment
- Outcome
- Plaintiff partly succeeds; only declaration of proprietorship granted.
- Legal Topics
- Ownership Disputes, Title Registration, Eviction Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Julius Keru Njoroge
Plaintiff
Silas Mwangi
Defendant
Chief Land Registrar
Defendant
Procedural Posture
Land and Property Suit / Judgment
Legal Issues
- 1 Whether the Plaintiff is entitled to be declared the registered proprietor of the Suit Property as a tenant in common with Grace Wamiti Keru.
- 2 Whether the Plaintiff is entitled to eviction and injunctive reliefs against the Defendants.
- 3 Whether the Plaintiff is entitled to damages for unlawful eviction and demolition.
Ratio Decidendi
The court found that the Plaintiff had produced sufficient evidence of title to the Suit Property, establishing him and his wife as registered proprietors. However, the Plaintiff failed to provide evidence that the 1st Defendant had acquired another title to the property or that any developments had been demolished. In the absence of such evidence, the court was only able to grant the declaration of proprietorship as sought in prayer (a) of the plaint. The other reliefs, including eviction, injunctions, and damages, were not granted due to lack of supporting evidence.
Court Disposition
Plaintiff partly succeeds; only declaration of proprietorship granted.
Orders
- Plaintiff is declared the registered proprietor of land reference number 37/272/5 (IR No. 83804) as a tenant in common with Grace Wamiti Keru.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT NAIROBI
ELC CASE NO. 369 OF 2018
JULIUS KERU NJOROGE.......................................................PLAINTIFF
VERSUS
SILAS MWANGI............................................................1ST DEFENDANT
CHIEF LAND REGISTRAR.......................................2ND DEFENDANT
JUDGEMENT
1. The Plaintiff filed this suit on 28/8/2018 seeking to be declared the registered proprietor of land reference number 37/272/5 (IR No. 83804) situated in Nairobi West (the “Suit Property”) as a tenant in common with Grace Wamiti Keru. He sought an order to evict the Defendant from the Suit Property and the demolition of the developments on the Suit Property. He also sought a mandatory injunction to be restored onto the Suit Property and a permanent injunction to restrain the Defendants or their agents from dealing with the Suit Property. Further, he sought an order of cancellation of any title held by the 1st Defendant or any other person over the Suit Property and rectification of the lands register to restore him and Grace Wamiti Keru as tenants in common of the Suit Property. In addition, he sought general damages for unlawful eviction and demolition of his developments on the Suit Property and punitive and exemplary damages for the 1st Defendant’s fraudulent dealings with the Suit Property.
2. Summons to enter appearance were served and an affidavit of service was filed in court on 21/1/2019. The Defendants did not enter appearance or file defences.
3. The Plaintiff gave evidence and produced a copy of the title over the Suit Property issued to him on 20/6/2000. He claimed that he exercised due diligence before purchasing the Suit Property with his wife. He claimed that he had developed the Suit Property and that he had duly paid the requisite land rates and all outgoings in respect of the Suit Property to the Nairobi City County. He produced a search of the Suit Property which confirmed that he was the registered owner of the Suit Property with his wife. He claimed that they enjoyed quiet possession of the Suit Property from the time they bought until 27/6/2018 when the 1st Defendant entered into the land purporting to be its owner. He claimed that the 1st Defendant had placed goons on the Suit Property who were looting and demolishing the developments on it.
4. The Plaintiff stated that he lodged a complaint with the Land Fraud Unit of the Directorate of Criminal Investigations to investigate the 1st Defendant’s conduct. He claimed that his constitutional right to own and enjoy property was under siege following the issuance of a title to the 1st Defendant. He produced copies of documents showing payment of rates as well together with land rates payment receipts.
5. The issue for determination is whether the court should grant the orders sought in the plaint. The Plaintiff filed submissions and contended that he had proved that he owned the Suit Property with his wife based on the title he produced in court. He relied on Section 26 of the Land Registration Act which stipulates that a certificate of title is conclusive evidence of proprietorship subject to the exceptions set out in that section. He also relied on Section 24 of the Land Registration Act together with Article 40 of the Constitution.
6. The Plaintiff did not adduce any evidence to show that the 1st Defendant had acquired another title over the same Suit Property. He did not lead any evidence on the development he claimed he had put up on the suit land or of the demolition of his development. There was no evidence led on what the developments the 1st Defendant has carried out on the Suit Property.
7. Based on the evidence the Plaintiff produced of the title over the Suit Property, the court only grants prayer (a) of the plaint dated 27/8/2018.
Dated and delivered at Nairobi this 9th day of March 2020
K.BOR
JUDGE
In the presence of:-
Mr. V. Owuor- Court Assistant
No appearance for the parties