Vincent N. Krop & 3 others v Martin S. Limakou & 12 others [2014] KEELC 292 (KLR)
The bottom line
#Kenya's High Court confirmed that losing a land adjudication claim ends any right to stay on registered land, even after years of occupation.
What this practically means
#Executive summary
#Key legal issues
#Entitlement to a temporary injunction over registered land against parties who lost their adjudication claim
The applicants, as registered owners, demonstrated a strong case with a probability of success and were entitled to the injunction even though it would operate as a mandatory injunction requiring the respondents' removal.
The applicants were registered proprietors following the demise of Batholomeo Nariso Mungano. The respondents lost their appeal to the Minister under the Land Adjudication Act on 5/4/2012 and concede they have no title. Their claim of over twelve years' possession cannot be a defence. The claim is amenable to summary remedy, and the respondents might sell portions of the land, so the applicants needed protection.
Whether long possession creates proprietory rights defeating an injunction
The court rejected the respondents' assertion that occupation of over twelve years conferred proprietory rights capable of resisting the injunction sought by the registered owners.
The respondents fought for the land until losing their claim under the Land Adjudication Act on 5/4/2012. Having lost that process, they cannot invoke possession as a defence; the injunction preserves the registered owners' position and prevents further interference or disposal of portions of the land.
Legal principles established
#- Where a claim can be remedied in a summary manner, an interlocutory application may be granted even if it amounts to a mandatory injunction.
- A party who has lost a claim to land under the Land Adjudication Act cannot rely on alleged long possession as a defence to an injunction sought by the registered owner.
Court orders
#- 1.The applicants' notice of motion dated 17th September 2013 is allowed in terms of prayers 3, 4 and 5 of the motion (temporary injunction restraining the respondents from trespassing upon or interfering with LR No. West Pokot/Chepareria/716 pending the hearing and determination of the main suit)
- Jurisdiction invoked
- Order 40 Rules 1, 2, 3 and sections 3, 3A and 63(c) and (e) of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Sammy C L Akifuna & Another v Kaposhi Ole Njoroge Nakumana & 3 Others[2015] KEHC 6615 (KLR)30 Jan 2015
Cite this brief
#Cite this brief
Caselaw, "Vincent N. Krop & 3 others v Martin S. Limakou & 12 others [2014] KEELC 292 (KLR)", Case Analysis (2014). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2014/292/eng@2014-07-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.