[2018] KEELC 871 (KLR)
The court found that the Plaintiff had established, through uncontroverted evidence, that he was allocated and has been in occupation of Land Parcel No. 528 Tikako Adjudication Section for approximately 30 years. The 1st Defendant's registration as owner was found to be erroneous, and the Plaintiff had obtained the...
Source-derived case information.
- Citation
- [2018] KEELC 871 (KLR)
- Parties
- Plaintiff: Oloiresha Ole Dere; Defendant: Koileken Ole Teyiaa; Defendant: 3rd Respondent (Land Adjudication Officer); Defendant: 4th Defendant
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Narok
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 343 of 2017
- Procedural Posture
- Land Dispute / Judgment
- Outcome
- Judgment for the Plaintiff. Permanent injunction granted. Rectification of adjudication register ordered. Costs to Plaintiff.
- Judges
- MN Kullow
- Legal Topics
- Adjudication Register, Land Ownership, Permanent Injunction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Oloiresha Ole Dere
Plaintiff
Koileken Ole Teyiaa
Defendant
3rd Respondent (Land Adjudication Officer)
Defendant
4th Defendant
Defendant
Procedural Posture
Land Dispute / Judgment
Legal Issues
- 1 Whether the Plaintiff is the rightful owner of Land Parcel No. 528 Tikako Adjudication Section.
- 2 Whether the 1st Defendant was erroneously registered as owner of the suit land.
- 3 Whether the Plaintiff is entitled to a permanent injunction restraining the 1st Defendant from interfering with the suit land.
Ratio Decidendi
The court found that the Plaintiff had established, through uncontroverted evidence, that he was allocated and has been in occupation of Land Parcel No. 528 Tikako Adjudication Section for approximately 30 years. The 1st Defendant's registration as owner was found to be erroneous, and the Plaintiff had obtained the requisite consent from the Land Adjudication Officer to file suit. The Defendants' failure to file a defence or challenge the Plaintiff's evidence meant the Plaintiff's case stood unopposed. The court therefore granted a permanent injunction restraining the 1st Defendant from interfering with the Plaintiff's occupation, ordered rectification of the adjudication register to...
Court Disposition
Judgment for the Plaintiff. Permanent injunction granted. Rectification of adjudication register ordered. Costs to Plaintiff.
Orders
- A permanent injunction is issued restraining the 1st Defendant from entering, cultivating, constructing or interfering in any manner with the Plaintiff’s occupation of Land Parcel No. 528 Tikako Adjudication Section.
- The 3rd Respondent is ordered to delete the name of the 1st Defendant as the registered owner of Land Parcel No. 528 Tikako Adjudication Section and enter the name of the Plaintiff within 60 days of this judgement.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT NAROK
ELC CAUSE NO. 343 OF 2017
OLOIRESHA OLE DERE….......………………………………PLAINTIFF
-VERSUS-
KOILEKEN OLE TEYIAA & 3 OTHERS……………….DEFENDANTS/
JUDGEMENT
By a Plaint dated 3rd April, 2017 the Plaintiff herein commenced the instant suit seeking for orders that the Defendants be restrained from entering into, cultivating, instructing or interfering in any way whatsoever with Land Parcel No. Tikako Adjudication Section and that the 3rd Respondent be ordered to delete the 1st Defendant’s name from the adjudication register as being the owner of land parcel No. 528 and in Lieu thereof the Plaintiff be registered as the owner of Land Parcel No. 528 Tikako Adjudication Section and costs of the suit.
It is the Plaintiff’s case that he has been allocated and has been on Land Parcel No. 528 Tikako Adjudication Section and in occupation of the suit land. However, the 3rd Respondent erroneously registered the 1st Defendant as the owner of the suit land and he avers that the1st Defendant has no claim over the suit land and hence the 2nd and 3rd defendant be compelled to correct the error on the register.
Even though the Defendants were served with summons, the 3rd and 4th defendants who entered appearance but never filed any defence to the Plaint.
On the 21st day of November, 2018 when the court satisfied itself that the Defendants having been served failed to enter appearance nor file a defence, ordered that the suit do proceed for hearing.
The Plaintiff testified as PW1 and in his evidence in chief stated that he was allocated the suit land about 30years ago by the Land Adjudication Committee and he has been in occupation of the suit land ever since. However, the 1st Defendant who owns another parcel of land has been interfering with his land claiming it after the Land Adjudication Officer erroneously registered him as the owner of the suit land.
The Plaintiff stated that he has obtained the consent of the Land Adjudication Officer to commence the instant suit and he produced a letter dated 21st April, 2016 in support of the same. It is the Plaintiff’s prayer that the 1st Defendant be restrained from interfering with his occupation of land and the 2nd and 3rd defendant be ordered to delete the name of the 1st Defendant from the Adjudication register.
I have heard the testimony of the Plaintiff and seen the evidence he produced. The Defendants having failed to enter any defence to the Plaintiff’s claims makes his evidence unchallenged and uncontroverted and the Plaintiff having obtained the consent of the land Adjudication Officer to file the instant suit, I have no reasons to doubt his evidence.
In view of the above, I enter judgement for the Plaintiff against the Defendant in the following terms:-
1. That a permanent injunction do issue restraining the 1st Defendant from entering, cultivating and constructing or in any manner interfering with the Plaintiff’s occupation of Land Parcel No. 528 Tikako Adjudication Section.
2. That an order do hereby issue directing the 3rd Respondent to delete the name of the 1st Defendant as the registered owner of Land Parcel No. 528 Tikako Adjudication Section and in his place enter the name of the Plaintiff within 60 days of this judgement.
3. That the costs of the suit is to the plaintiff.
Orders accordingly.
DATED, SIGNED and DELIVERED in open court at NAROK on this 2nd day of November, 2018.
Mohamed N. Kullow
Judge
2/11/18
In the presence of:
N/A for the parties and their advocates.
CA:Kimiriny