[2006] KEHC 2533 (KLR)

[2006] KEHC 2533 (KLR)

The court found that the appellant had established ownership of the land parcel No. 1605 Njia-Cia-Mwendwa Adjudication Section, as evidenced by the letter from the District Land Adjudication and Settlement Officer. Applying the statutory definitions under section 3 of the Registered Land Act and Order 6 Rule 4(3) of the Civil Procedure Rules, the court held that ownership of land includes all things growing on it, such as the miraa in question. There was no evidence to show that the attached miraa stood on another person’s land or that the appellant was not the owner. The trial magistrate erred in dismissing the objection despite acknowledging the appellant’s ownership of the land. The...

Citation
[2006] KEHC 2533 (KLR)
Parties
Appellant: Luke Birithu M’Chokera; Respondent: Jacob Gitonga
Court
High Court
Court Station
High Court at Meru
Jurisdiction
Kenya
Judgment Date
16 May 2006
Case Number
Civil Appeal 24 of 2000
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal_allowed
Legal Topics
Execution of Decree, Objector Proceedings, Ownership of Growing Crops, Definition of Land, Attachment of Property
Source Language
English
Civil Procedure Land and Property Execution of Decree Objector Proceedings Ownership of Growing Crops Definition of Land Attachment of Property

Case Brief

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Parties

Luke Birithu M’Chokera

Appellant

Jacob Gitonga

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the attached miraa was growing on the appellant’s land parcel No. 1605 Njia-Cia-Mwendwa Adjudication Section.
  2. 2 Whether ownership of land includes ownership of crops growing on it for purposes of execution and attachment.
  3. 3 Whether the trial magistrate erred in dismissing the appellant’s objection despite evidence of land ownership.

Ratio Decidendi

The court found that the appellant had established ownership of the land parcel No. 1605 Njia-Cia-Mwendwa Adjudication Section, as evidenced by the letter from the District Land Adjudication and Settlement Officer. Applying the statutory definitions under section 3 of the Registered Land Act and Order 6 Rule 4(3) of the Civil Procedure Rules, the court held that ownership of land includes all things growing on it, such as the miraa in question. There was no evidence to show that the attached miraa stood on another person’s land or that the appellant was not the owner. The trial magistrate erred in dismissing the objection despite acknowledging the appellant’s ownership of the land. The...

Court Disposition

appeal_allowed

Orders

  • The appeal is allowed.
  • The ruling of the trial magistrate dated 17.11.99 is set aside.