[2017] KEELC 2051 (KLR)

[2017] KEELC 2051 (KLR)

The court found that the 3rd defendant lawfully acquired the suit property, conducted due diligence, and obtained the necessary Land Control Board consent. The plaintiff, having failed to file a defence to the counter-claim or rebut the 3rd defendant's evidence, was deemed a trespasser on parcel INOI/KIAMBURI/1161. The court held that the 3rd defendant, as the registered proprietor, is entitled to exercise all proprietary rights over the land, including eviction of trespassers. The plaintiff and his family have no legal right to remain on the property, and the 3rd defendant's claim is protected under the Land Registration Act and the Constitution. Judgment was entered for the 3rd...

Citation
[2017] KEELC 2051 (KLR)
Parties
Plaintiff: Michael Gichira Njeru; Defendant: Samuel Magu Mugo; Defendant: John Wanjohi Mwangi Mugo; Defendant: Monica Nyambura Muceru
Court
Environment and Land Court
Court Station
Environment and Land Court at Kerugoya
Jurisdiction
Kenya
Judgment Date
16 June 2017
Case Number
Environment & Land Case 518 of 2013
Procedural Posture
Land and Property Suit / Judgment on Counter Claim After Dismissal of Main Suit
Outcome
Judgment for the 3rd defendant (plaintiff in the counter-claim) against the plaintiff (defendant in the counter-claim).
Judges
BN Olao
Legal Topics
Bona Fide Purchaser, Land Registration, Eviction, Trespass, Proprietary Rights
Source Language
English
Land and Property Bona Fide Purchaser Land Registration Eviction Trespass Proprietary Rights

Case Brief

Summary, issues, holding and outcome

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Parties

Michael Gichira Njeru

Plaintiff

Samuel Magu Mugo

Defendant

John Wanjohi Mwangi Mugo

Defendant

Monica Nyambura Muceru

Defendant

Procedural Posture

Land and Property Suit / Judgment on Counter Claim After Dismissal of Main Suit

Legal Issues

  1. 1 Whether the 3rd defendant is the bona fide registered proprietor of the suit property and its subdivisions.
  2. 2 Whether the plaintiff is a trespasser on land parcel No. INOI/KIAMBURI/1161.
  3. 3 Whether the 3rd defendant is entitled to orders of eviction and permanent injunction against the plaintiff.

Ratio Decidendi

The court found that the 3rd defendant lawfully acquired the suit property, conducted due diligence, and obtained the necessary Land Control Board consent. The plaintiff, having failed to file a defence to the counter-claim or rebut the 3rd defendant's evidence, was deemed a trespasser on parcel INOI/KIAMBURI/1161. The court held that the 3rd defendant, as the registered proprietor, is entitled to exercise all proprietary rights over the land, including eviction of trespassers. The plaintiff and his family have no legal right to remain on the property, and the 3rd defendant's claim is protected under the Land Registration Act and the Constitution. Judgment was entered for the 3rd...

Court Disposition

Judgment for the 3rd defendant (plaintiff in the counter-claim) against the plaintiff (defendant in the counter-claim).

Orders

  • The plaintiff, his family, servants, agents, or anyone acting under his instructions to vacate land parcel No. INOI/KIAMBURI/1161 within six months from the date of judgment, failing which they shall be evicted.
  • The plaintiff, his family, and/or agents are permanently restrained from entering, occupying, or utilizing land parcel No. INOI/KIAMBURI/1161 or interfering with the 3rd defendant's proprietary rights after vacating or eviction.