[2017] KEELC 1195 (KLR)
The court found that the applicant had demonstrated, on a prima facie basis, that it is the registered owner of the suit property as evidenced by the certificate of title. The respondent failed to contest the applicant's averments, having neither filed grounds of opposition nor a replying affidavit. The court noted...
Source-derived case information.
- Citation
- [2017] KEELC 1195 (KLR)
- Parties
- Applicant: Kamuthi Housing Co-operative Society Limited; Respondent: Hon. Amos Mbuthia Mukami
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 187 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Application
- Outcome
- Application allowed in terms of prayers 4, 6, and 7 of the motion dated 20th March 2017.
- Legal Topics
- Ownership Disputes, Land Invasion, Injunctive Relief
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kamuthi Housing Co-operative Society Limited
Applicant
Hon. Amos Mbuthia Mukami
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the applicant is the registered owner of LR No. 71/7/10 (I.R No.178537).
- 2 Whether the respondent unlawfully instigated the invasion and subdivision of the applicant's property.
- 3 Whether the applicant is entitled to the injunctive reliefs sought in the motion.
Ratio Decidendi
The court found that the applicant had demonstrated, on a prima facie basis, that it is the registered owner of the suit property as evidenced by the certificate of title. The respondent failed to contest the applicant's averments, having neither filed grounds of opposition nor a replying affidavit. The court noted that the applicant's evidence remained unchallenged and that the respondent's alleged actions amounted to unlawful interference with the applicant's proprietary rights. Consequently, the court allowed the application in terms of the specified prayers in the motion, granting the injunctive relief sought by the applicant.
Court Disposition
Application allowed in terms of prayers 4, 6, and 7 of the motion dated 20th March 2017.
Orders
- The applicant's application is allowed in terms of prayer Four (4), Six (6), and Seven (7) of the Motion dated 20th March 2017.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT & LAND COURT OF KENYA
AT MILIMANI
ELC CASE NO. 187 OF 2017
KAMUTHI HOUSING CO-OPERATIVE SOCIETY LIMITED…PLAINTIFF/APPLICANT
=VERSUS=
HON. AMOS MBUTHIA MUKAMI………....................……DEFENDANT/RESPONDENT
RULING
1. The Plaintiff/Applicant is the registered owner of LR No. 71/7/10(I.R No.178537) measuring 8. 891 hectares. The applicants obtained title to this property on 6th July 2016. In or around 1st March 2017, the respondent who was the member County Assembly of Kahawa Ward instigated some unknown persons who invaded the property and started subdividing it for themselves.
2. The applicant reported the invasion to Kiamumbi Police Station. The respondent was summoned to Kiamumbi Police Station but he did not attend. The respondent continued to dish out the applicant’s land to unknown persons even after the case was reported to the police. A notice warning the members of the public to be aware of the fraudulent sub-division was put up in the press.
3. The respondent who was served through substituted service entered appearance through an advocate but did not file any grounds of opposition or replying affidavit. The averments in the applicant’s supporting affidavit therefore remain uncontroverted.
4. I have looked at the supporting affidavit and the annexed documents. Among the documents is a certificate of title which shows that the applicant was registered as owner of the property on 6th July 2016. The documents filed by the applicant show that the property was being used as a sewage but was recently given back to the applicant as an out of court settlement of a long outstanding issue. The applicant has not disclosed the nature of this outstanding issue. However be that as it may, the applicant has demonstrated that prima facie, it is the registered owner of the property. I therefore allow the applicant’s application in terms of prayer Four (4),Six (6) and Seven (7) of the Motion dated 20th March 2017.
It is so ordered.
Dated, Signed and delivered at Nairobi on this 17thday of October, 2017.
E.O.OBAGA
JUDGE
In the presence of :
Mr MC’Ronald for Mr Washe for applicant
Court Assistant: Steve
E.O.OBAGA
JUDGE