[2017] KEHC 3081 (KLR)
The court found that the plaintiff had produced a valid certificate of lease registered on 24/07/2009, which is prima facie evidence of ownership under the Land Registration Act. The defendant failed to provide any evidence to challenge the plaintiff's title or to support its claim that the land was public. In the...
Source-derived case information.
- Citation
- [2017] KEHC 3081 (KLR)
- Parties
- Plaintiff: Stephen Michuki Kiunga; Defendant: County Government of Meru
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- ? 68 of 2014
- Procedural Posture
- Environment and Land Suit / Judgment
- Outcome
- Judgment for the plaintiff.
- Legal Topics
- Ownership Disputes, Public Land Claims, Registration of Title
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Michuki Kiunga
Plaintiff
County Government of Meru
Defendant
Procedural Posture
Environment and Land Suit / Judgment
Legal Issues
- 1 Whether the plaintiff is the rightful owner of Meru Municipality Block II/287.
Ratio Decidendi
The court found that the plaintiff had produced a valid certificate of lease registered on 24/07/2009, which is prima facie evidence of ownership under the Land Registration Act. The defendant failed to provide any evidence to challenge the plaintiff's title or to support its claim that the land was public. In the absence of any contrary evidence, the court held that the plaintiff had proved his case on a balance of probabilities and was entitled to the reliefs sought, including a declaration of ownership and a permanent injunction against the defendant.
Court Disposition
Judgment for the plaintiff.
Orders
- A declaration that the plaintiff is the registered proprietor of Meru Municipality Block II/287 and entitled to vacant possession.
- A permanent injunction restraining the defendant and its agents from interfering with the plaintiff's ownership, use, occupation, and enjoyment of Meru Municipality Block II/287.
Full Case Text
Judgment text and source record
34 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
ENVIRONMENT AND LAND SUIT NO. 68 OF 2014
STEPHEN MICHUKI KIUNGA...................PLAINTIFF
VERSUS
COUNTY GOVERNMENT OF MERU...DEFENDANT
JUDGMENT
INTRODUCTION
Plaintiff is claiming that he is the rightful owner of the leasehold in Parcel No. MERU MUNICIPALITY BLOCK II/287, having bought the land from Kenya Commercial Bank in a public auction.
Defendant has apparently given the land to other persons. Defendant avers that the suit property is public land and hence not available to the plaintiff.
Although, a statement of defence was filed was back on 29/10/2014, Defence did not file any witness statements or documents to be relied on despite numerous Court orders as appertains compliance. The matter proceeded exparte on 21/2/2017 after the court declined any further adjournment on the side of defence.
PLAINTIFF’S CASE
Plaintiff’s evidence is that he is the registered owner of L.R. No. Meru Municipality Block 11/287 and he produced a certificate of lease to that effect as P Ex I. He further stated that he had bought the suit land from K.C.B where the latter was trying to exercise its changee’s rights. He produced a copy of transfer of changee document of P Exhibit 2.
Plaintiff further avers that when he tried to fence the plot he was prevented from doing so by Defendant. He has however been paying rates, taxes and he produced receipts to that effect on P E3.
DETERMINATION:
The issue for determination is one, “Whether plaintiff is the Rightful owner of the suit land”?
Plaintiff has produced a Certificate of Lease registered on 24/07/2009. This document is prima facie evidence that plaintiff is the rightful owner of the Suitland, See Section 24 and 25 of the Land Registration Act. The defendants have not given any evidence to the contrary.
I therefore find that the cases cited by plaintiff Azina Said Chepkemoi Vs. Noah Martim Too & 2 others (2015) eKLR and Joseph Nganga Waikwo Vs. Jane Wambui & 3 others (2015) eKLR are relevant in this matter.
I therefore find that plaintiff has proved his case on a balance of probability.
CONCLUSION
Judgment is hereby entered for the plaintiff against the Defendant in terms of the following:-
a) A Declaration that the Plaintiff is the registered proprietor of Meru Municipality Block II/287 and the Plaintiff is entitled to its vacant possession thereof.
b) A permanent order of injunction, restraining the Defendant, its agents, employees, contractors, officers, successor or anybody else acting at the Defendant’s direction, employment contract or in any manner whatsoever, from forever interfering with the Plaintiff’s ownership, user occupation and enjoyment of Meru Municipality Block II/287.
c) Plaintiff is awarded costs of the suit.
DELIVERED, DATED AND SIGNED IN OPEN COURT AT MERU THIS 21ST DAY OF SEPTEMBER, 2017 IN THE PRESENCE OF:-
CA:Janet
Mr. Mwirigi for Plaintiff
Mr. Kibiti for Defendant
Hon. L .N. MBUGUA
ELC JUDGE
Kibiti: I pray for a certified copy of Judgment.
Order: - Certified copy of Judgment to be availed to Parties.
Hon. L .N. MBUGUA
ELC JUDGE