[2007] KEHC 2689 (KLR)
The court found that the plaintiffs were the duly registered proprietors of the suit properties, as evidenced by the Deeds of Transfer and Title Deeds under the Registration of Titles Act. Section 23 of the Act provides that such certificates of title are conclusive evidence of ownership. The defendants' interests...
Source-derived case information.
- Citation
- [2007] KEHC 2689 (KLR)
- Parties
- Plaintiff: Rafri Properties Limited; Plaintiff: [Second Plaintiff Company Name Not Provided]; Plaintiff: [Third Plaintiff Company Name Not Provided]; Defendant: Joshua Onyango Anguka; Defendant: [Other Defendants Not Named]
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 522 of 2004
- Procedural Posture
- Civil Case / Judgment
- Outcome
- Plaintiffs' suit allowed. Permanent injunction and eviction orders granted.
- Judges
- KH Rawal
- Legal Topics
- Ownership of Land, Registration of Titles, Permanent Injunction, Eviction of Trespassers
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Rafri Properties Limited
Plaintiff
[Second Plaintiff Company Name Not Provided]
Plaintiff
[Third Plaintiff Company Name Not Provided]
Plaintiff
Joshua Onyango Anguka
Defendant
[Other Defendants Not Named]
Defendant
Procedural Posture
Civil Case / Judgment
Legal Issues
- 1 Whether the plaintiffs are the absolute and indefeasible owners of the suit properties as per the Registration of Titles Act.
- 2 Whether the defendants have any legal right to occupy or interfere with the suit properties.
- 3 Whether the plaintiffs are entitled to a permanent injunction and eviction orders against the defendants.
Ratio Decidendi
The court found that the plaintiffs were the duly registered proprietors of the suit properties, as evidenced by the Deeds of Transfer and Title Deeds under the Registration of Titles Act. Section 23 of the Act provides that such certificates of title are conclusive evidence of ownership. The defendants' interests were not reflected in the title or transfer documents, and they failed to appear or contest the suit. Consequently, the court held that the defendants had no legal right to occupy the properties and were trespassers. The plaintiffs were entitled to permanent injunctive relief and eviction orders to protect their rights as absolute owners.
Court Disposition
Plaintiffs' suit allowed. Permanent injunction and eviction orders granted.
Orders
- Defendants and their agents are permanently injuncted from interfering with the plaintiffs' peaceful possession of L.R. No.209/11254, L.R. No.209/11255, and L.R. No.209/11256.
- Defendants are ordered to vacate the said parcels of land.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HGH COURT OF KENYA
AT NAIROBI
CIVIL CASE 522 OF 2004
RAFRI PROPERTIES LIMITED AND ANOTHER …..…..... PLAINTIFF
VERSUS
JOSHUA ONYANGO ANGUKA AND OTHERS …………DEFENDANT
JUDGEMENT
The three Plaintiffs are limited liability companies incorporated in the Republic of Kenya
r the provisions of companies Act (Cap 486 Laws of Kenya).
In default of the appearance or defence filed by the Defendants herein, the suit was fixed for hearing under Order IXB Rule 1.
PW.1 Sunil Rajni Shah a director of all the three plaintiff companies testified that on 19th August, 1993 the 1st plaintiff purchased the piece of land bearing L.R. No.209/11254, the 2nd plaintiff similarly purchased piece of land bearing L.R. No.209/11255 and third plaintiff purchased the piece of land bearing L.R. No.209/11256 from Kianu Enterprises Limited Company. He produced certified copies of Deeds of Transfer and title deeds under the Registration of Titles Act to prove that the properties in issue is indeed transferred and registered in the names of the three Plaintiffs.
Their attempts to take occupation of these suit properties were thwarted twice by the Defendants who threatened them against taking over thepossession.
Thereafter this suit was filed seeking prayers for permanent injunction against the Defendants from interfering with the peaceful possession and/or interfering with the parcel of land known as L.R. No.209/11254, L.R. No.209/11255 and L.R. No.209/11256. It also sought prayer that the Defendants be evicted from those parcels of land.
The Defendants have not appeared to contest the claims of the Plaintiffs. Even otherwise I am satisfied that as per the Deeds of Transfer and the Title Deeds issued under Registration of Titles (Cap 281) (Ex. 1A, 1B and 1C), the Plaintiffs are duly registered as the proprietors of the suit properties.
Section 23 of the said Act (Cap 281) provides that certificate of Title issued by the Registrar to a purchaser of land upon a transfer or transmission by the proprietor thereof shall be taken by all courts as conclusive evidence that the person named therein as proprietor of the land is the absolute and indefeasible owner thereof of course subject to encumbrances, etc contained therein. The interest of the Defendants has not been mentioned in the Title and/or transfer.
Thus, I do find that the three plaintiffs are the absolute and indefeasible owner of pieces of land bearing L.R. No.209/11254, L.R. No.209/11255 and L.R. No.209/11256 respectively.
The Defendants who are on the said lands have no colour of right to occupy the same and are trespassing on those pieces of land.
I do thus allow the plaint and order that the Defendants by themselves or their agents or representatives are injuncted permanently from interfering with peaceful possession of the plaintiffs and/or from interfering with the parcels of land known as L.R. No.209/11254, L.R. No.209/11255, L.R. No.209/11256.
I further order that the defendants do vacate the said parcels of land and in the event of any resistance, the police officers manning Embakasi Police Station to assist the plaintiffs in evicting and/or removing the Defendants from parcels of land bearing L.R. No.209/11254, L.R. No.209/11255. L.R. No.209/11256.
As there is no appearance from the Defendants, I do not make any order on costs.
Dated and signed at Nairobi this 4th day of June, 2007.
K.H. RAWAL
JUDGE
4. 6.07