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ELCAllowedNot stated in judgment· [2013] KEELC 122 (KLR)

Dinah Jepchieng Chepyegon & Another v Kevin Kiptanui Kimuwatan [2013] KEELC 122 (KLR)

Environment and Land Court
3 July 2013
MSMunyao Sila
730 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Environment and Land Court confirmed that registered landowners with title deeds can permanently bar anyone from occupying or using their land.

What this practically means

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Executive summary

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The two plaintiffs jointly sued the defendants seeking a permanent injunction in respect of land parcels Karuna/Karuna Block 1 (Chebonet)/49 and 52, registered in the names of the first and second plaintiffs respectively. They pleaded that they had purchased the parcels from the 2nd defendant under agreements dated 4/5/2006 and 13/7/2007 for valuable consideration, obtained land control board consent, and were transferred title, but that in March 2012 the defendants invaded the parcels and ploughed crops thereon. The defendants were duly served with summons but never entered appearance or filed a defence, and did not attend the hearing despite service of a hearing notice. The case proceeded as an uncontested suit. The 1st plaintiff testified that she bought parcel 49 for Kshs. 4,400,000/=, obtained title in 2007, fenced the land, and that the 1st defendant destroyed the fence and ploughed the land. The 2nd plaintiff similarly testified to her purchase and title to parcel 52. The court found the plaintiffs' evidence uncontroverted; as registered proprietors they are vested with proprietary rights including exclusive possession under section 25 of the Land Registration Act, and the defendants demonstrated no competing right. The suit was allowed with a permanent injunction restraining the defendants from interfering with the plaintiffs' use, possession and/or occupation of the parcels, plus costs to the plaintiffs. Judgment delivered on 3 July 2013 by Munyao Sila J, Environment and Land Court at Eldoret.

Key legal issues

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01

Whether the plaintiffs are entitled to a permanent injunction against the defendants over the suit parcels

Holding

Yes. The plaintiffs purchased the parcels, obtained title, and as registered owners hold proprietary rights including exclusive possession; the defendants showed no competing right.

Reasoning

The defendants were served but never entered appearance or filed a defence, so the plaintiffs' evidence was uncontroverted. The plaintiffs proved purchase from the 2nd defendant, land control board consent, and registration. Under section 25 of the Land Registration Act, their rights as proprietors are free from other interests and claims. The defendants failed to demonstrate any competing right entitling them to use the land, so the permanent injunction and costs were granted.

p. 2

Legal principles established

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  • A registered proprietor's rights, including the right of exclusive possession, vest under section 25 of the Land Registration Act and cannot be defeated except as provided in the Act.

Court orders

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  1. 1.An order of permanent injunction preventing the defendants from interfering with the plaintiffs' use, possession and/or occupation of land parcels Karuna/Karuna Block 1 (Chebonet)/49 and 52
  2. 2.Costs of the suit granted to the plaintiffs

Authorities

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Legislation

  • Land Registration ActSection 25(1)(a)(b) and (2); section 28
Jurisdiction invoked
Environment and Land Court jurisdiction over land disputes (Land Registration Act, Act No.3 of 2012 invoked; no specific constitutional provision cited)

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, "Dinah Jepchieng Chepyegon & Another v Kevin Kiptanui Kimuwatan [2013] KEELC 122 (KLR)", Case Analysis (2013). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2013/122/eng@2013-07-03

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