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Case Brief · caselaw.co.ke
ELCDismissedNot stated in judgment· [2015] KEELC 404 (KLR)

Mathew Rono v Alfred Cheramgoi [2015] KEELC 404 (KLR)

Environment and Land Court
29 May 2015
1,426 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~6 min to read original · ~4 min brief

The bottom line

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A Kenyan land claim failed because it was filed too late, the land owner wasn't sued, and the proof was weak.

What this practically means

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Executive summary

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The plaintiff sued by plaint filed on 2 December 2013, seeking a declaration that he is entitled to 8 acres (half) of land parcel Kericho/Kaitet/281 or, in the alternative, special damages of Kshs. 5.6 Million. He alleged that in 1984 he was allocated a share of land number 279 at Kaitet Ranch; unable to pay the requisite fee, the defendant offered to pay on condition they share the land equally, with the defendant holding it in trust. The defendant, though served, neither entered appearance nor filed a defence. The plaintiff testified and called two witnesses, including elders who purportedly resolved in 1984 that the land be shared. The court found the document produced as the agreement ambiguous, with recent non-carbon alterations of dubious authenticity, and no proof of payment of half the price. Even assuming the agreement existed, the court held it unenforceable: the land was registered in the name of a third party (Richard/Robert Kirui) since 14 November 1988 who was not joined to the suit despite counsel's warning, so his title could not be cancelled; there was no proof land No. 279 was the same as Kericho/Kaitet/281; and the claim was barred by the 12-year limitation period under Section 7 of the Limitation of Actions Act, the plaintiff having known of the transfer since at least 1990-1992 with no explanation for the delay. The suit was dismissed with no orders as to costs.

Key legal issues

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01

Validity of the alleged agreement to share the land

Holding

The document produced cannot pass for an agreement; it is ambiguous and bears alterations of dubious authenticity

Reasoning

The purported agreement referred to an unspecified 'future share', required proof of payment of half the land's value which was absent, and contained non-carbon alterations including the date and ID numbers which appeared recently inserted, rendering it of dubious authenticity and unenforceable.

p. 2
02

Effect of the registered third-party proprietor not being joined

Holding

The court cannot cancel the title of Robert Kirui, registered proprietor since 14 November 1988, as he was not a party despite counsel's warning

Reasoning

The official search showed Kirui became proprietor about 25 years before filing. Counsel for the plaintiff was warned it would be difficult to cancel the title of a non-party but instructed to proceed. Without joining the registered owner, the declaration sought could not issue.

p. 2
03

Proof that land No. 279 is the same as Kericho/Kaitet/281

Holding

No concrete evidence established that the parcel over which the elders' resolution was made is the suit land

Reasoning

The elders' resolution and feuding related to land No. 279. Although the plaintiff averred this became Kericho/Kaitet/281, no proof of conversion or identity of the parcels was offered, so the court could not assume the two were the same parcel.

p. 2
04

Limitation of actions

Holding

The claim for recovery of land, filed in 2013, was barred by the 12-year limitation period which expired long before filing

Reasoning

The registered proprietor acquired title in 1988 and the plaintiff knew or ought to have known of the transfer, having made reports to the Chief and District Officer in 1990, 1991 and 1992. No explanation for the delay or exemption from the 12-year period under Section 7 of the Limitation of Actions Act was shown.

p. 3

Legal principles established

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  • A claim for recovery of land must be lodged within 12 years under Section 7 of the Limitation of Actions Act, Cap 22
  • A court cannot cancel the title of a registered proprietor who is not a party to the proceedings

Court orders

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  1. 1.The plaintiff's suit is dismissed
  2. 2.No orders as to costs

Authorities

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Legislation

  • Registered Land Act (repealed)Not specified
  • Limitation of Actions ActSection 7 (CAP 22)
Jurisdiction invoked
Environment and Land Court jurisdiction over land disputes (statutory basis not expressly cited in the judgment)

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, "Mathew Rono v Alfred Cheramgoi [2015] KEELC 404 (KLR)", Case Analysis (2015). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2015/404/eng@2015-05-29

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