Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
ELCPartially AllowedE&L 424 of 2012 (Formerly HCC 57 of 2008)· [2013] KEELC 125 (KLR)

Rusy Jeserem Kirui v Francis Chepsiror [2013] KEELC 125 (KLR)

Environment and Land Court of Kenya at Eldoret
20 June 2013
MSMunyao Sila
807 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

#

What this practically means

#

Executive summary

#
The plaintiff, registered as sole proprietor of land parcel Moi's Bridge/Sirikwa Block 2 (Ziwa) 540 (2.49 hectares) since 2 March 2000, sued the defendant seeking his eviction, a permanent injunction against trespass, mesne profits and costs. She pleaded that on or about 10 July 2004 the defendant trespassed onto and forcefully occupied half an acre of the suit land, cultivating maize and harvesting about 15 bags valued at Kshs. 15,000/= annually. The defendant never entered appearance or filed a defence, and although served with the hearing date, did not attend the hearing on 30 May 2013, where the plaintiff testified as the sole witness and produced her Certificate of Title. The court, per Munyao Sila J, found the evidence uncontroverted and held that, as registered owner, the plaintiff is vested with all proprietary rights, including the right of exclusive possession, as protected by Section 25 of the Land Registration Act, Act No. 3 of 2012. In the absence of any defence or counterclaim demonstrating the defendant's rights over the land, the court allowed prayers (a) and (b): it ordered the defendant to vacate the suit land within 7 days of service of the decree, with liberty to move the court for an eviction order if he failed to do so, and issued a permanent injunction restraining him, his servants, agents or assigns from interfering with the suit land. The claim for mesne profits failed because no evidence was led on it. The plaintiff was awarded costs of the suit.

Key legal issues

#
01

Whether the plaintiff, as registered proprietor, is entitled to evict a trespasser

Holding

The uncontroverted Certificate of Title established the plaintiff's ownership and her right to exclusive possession; she was entitled to eviction and a permanent injunction

Reasoning

The plaintiff produced her Certificate of Title showing registration as sole proprietor on 2 March 2000. The defendant never entered appearance or filed a defence or counterclaim demonstrating any rights over the land. Under Section 25 of the Land Registration Act, the proprietor's rights are free from all other interests and claims, and ownership carries the right of exclusive possession, entitling her to eviction and injunction.

p. 2
02

Whether mesne profits were payable

Holding

The claim for mesne profits failed for want of evidence

Reasoning

Although the plaint pleaded that the defendant harvested 15 bags of maize valued at about Kshs. 15,000/= every year, the plaintiff led no evidence at the hearing on mesne profits. A claim must be proved by evidence, and prayer (c) therefore could not be granted despite the uncontroverted pleadings.

p. 2

Legal principles established

#
  • A registered proprietor under the Land Registration Act is vested with all proprietary rights including the right of exclusive possession

Court orders

#
  1. 1.Defendant to forthwith vacate land parcel Moi's Bridge/Sirikwa Block 2 (Ziwa)/540 no later than 7 days upon service of the decree/judgment, failing which plaintiff at liberty to move the court for an order of eviction
  2. 2.Permanent injunction restraining the defendant from any interference with the suit land either by himself or servants/agents or assigns
  3. 3.Plaintiff to have costs of the suit

Authorities

#

Legislation

  • Land Registration ActSection 25
Jurisdiction invoked
Original civil jurisdiction of the Environment and Land Court over land disputes

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Rusy Jeserem Kirui v Francis Chepsiror [2013] KEELC 125 (KLR)", Case Analysis (2013). E&L 424 of 2012 (Formerly HCC 57 of 2008). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2013/125/eng@2013-06-20

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