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ELCPartially AllowedNot stated in the judgment· [2013] KEELC 13 (KLR)

Rene Schiller v Charles Wabuko, Commissioner of Lands & Attorney General [2013] KEELC 13 (KLR)

Environment and Land Court
20 December 2013
717 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~3 min to read original · ~4 min brief

The bottom line

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A Kenyan land buyer who proved a proper purchase and registration won a court declaration of ownership, but got no damages because no one was shown at fault.

What this practically means

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Executive summary

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The Plaintiff sued by a Plaint dated 28th February 2011 seeking a declaration that he is the bona fide registered proprietor of the leasehold interest in Kilifi Township Block IV/177, alternatively special damages of Kshs.7,234,475.00, general damages for breach of contract and breach of the statutory guarantee as to registry entries, costs and interest. He averred that he bought the property from the 1st Defendant for Kshs.7,000,000 by an agreement of 29th August 2008, was issued a certificate of lease on 30th October 2008, and took possession; a later official search was refused because the property was said to be under investigations. The 1st Defendant acknowledged the sale and transfer and claimed no interest in the land. The 2nd and 3rd Defendants denied the averments and called no witness. Holding that the case presented no contested issue and that no evidence of wrongdoing by any party was placed before it, the court granted only the declaratory relief, declaring the Plaintiff the bona fide registered proprietor of the leasehold interest, and ordered each party to bear their own costs. The damages, interest and other reliefs were not granted. Judgment was delivered in Malindi on 20th December 2013 by O. A. Angote, Judge.

Key legal issues

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01

Bona fide registered proprietorship of the suit property

Holding

The Plaintiff was declared the bona fide registered proprietor of the leasehold interest in Kilifi Township Block IV/177

Reasoning

The Plaintiff purchased the suit property from the 1st Defendant for Kshs.7,000,000, was issued a certificate of lease on 30th October 2008, and took possession. The 1st Defendant acknowledged the sale and transfer and laid no claim. The 2nd and 3rd Defendants called no evidence and denied involvement. In the absence of any evidence of wrongdoing by any party, the court granted the declaratory relief sought.

p. 2
02

Damages for breach of contract and breach of registry guarantee

Holding

Not awarded; the court limited relief to the declaration

Reasoning

Although the Plaintiff sought special damages of Kshs.7,234,475.00 with interest and general damages, the court found no evidence of wrongdoing by any defendant. Without proof of breach or wrongdoing, the damages heads could not succeed, and the court expressly confined the orders to the declaration and costs.

p. 2

Legal principles established

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  • Where the vendor confirms the transfer and no party establishes any wrongdoing, a registered proprietor holding a certificate of lease is entitled to a declaration of bona fide proprietorship

Court orders

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  1. 1.A declaration that the Plaintiff is the bona fide registered proprietor of the leasehold interest in the property known as KILIFI TOWNSHIP BLOCK IV/177
  2. 2.Each party to bear their own costs
Jurisdiction invoked
Not expressly stated; suit filed in the High Court/Environment and Land Court over registered land (Kilifi Township Block IV/177)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Rene Schiller v Charles Wabuko, Commissioner of Lands & Attorney General [2013] KEELC 13 (KLR)", Case Analysis (2013). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2013/13/eng@2013-12-20

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.