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ELCPartially AllowedLand Case No. 63 of 2008· [2016] KEELC 348 (KLR)

Jacob Patis Remor v Chepotuturwa Yaraita & another [2016] KEELC 348 (KLR)

Environment and Land Court
13 October 2016
EOE. Obaga
1,621 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The Environment and Land Court in Kitale evicted a family from disputed land, ruling that burying a relative there does not defeat a valid title.

What this practically means

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Executive summary

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The plaintiff sued the defendants seeking a declaration that they were trespassers on LR No. West Pokot/Chepareria/2312 and orders of eviction. The defendants, widow and son of Yaraita Peena, counter-claimed that the plaintiff fraudulently obtained title and sought its cancellation and a declaration of their entitlement to remain. The dispute stemmed from land adjudication in Chepareria: the adjudication committee found a disputed portion of LR 164 belonged to the plaintiff's father and ordered it incorporated into LR 163. The first defendant appealed to the minister, whose delegated District Commissioner overturned the committee, but the High Court in Kitale High Court Miscellaneous Application No. 25 of 2005 quashed the DC's decision for lack of jurisdiction since she had not taken out letters of administration for her husband's estate. The plaintiff then subdivided LR 163, with the suitland registered in his name. The court framed three issues: trespass, fraud, and eviction. It found the committee's verdict survived the quashing, the suitland was registered in the plaintiff's name, and the defendants, who had their own land in LR 164, were trespassers. Particulars of fraud pleaded in the counter-claim were not proved, and the acquisition process was lawful, so title could not be cancelled. The court held burial of the first defendant's husband on the land was no bar to eviction, the claim was proved on a balance of probabilities, and the counter-claim failed. The court declared the defendants trespassers, ordered their eviction, dismissed the counter-claim, and awarded costs of the suit and counter-claim to the plaintiff.

Key legal issues

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01

Whether the defendants were trespassers on West Pokot/Chepareria/2312

Holding

They were trespassers, since the adjudication committee verdict in favour of the plaintiff's father survived quashing of the District Commissioner's decision and the suitland was registered in the plaintiff's name

Reasoning

The adjudication committee, acting under the Land Adjudication Act, found the disputed portion belonged to the plaintiff's father. The District Commissioner's contrary decision on appeal was quashed by the High Court for lack of jurisdiction, leaving the committee's verdict intact. The suitland was registered in the plaintiff's name, while the defendants had their own land in LR 164.

p. 3
02

Whether the plaintiff fraudulently obtained title so that it should be cancelled

Holding

No fraud was proved; the counter-claim failed

Reasoning

The first defendant enumerated particulars of fraud in her counter-claim but none were proved in evidence. The court found the plaintiff followed the right procedures: objection before the adjudication officer, committee verdict in his favour, registration and subsequent subdivision. Title lawfully acquired cannot be cancelled by the court.

p. 3
03

Whether the defendants should be evicted despite the husband's burial on the suitland

Holding

Eviction ordered; burial is no bar

Reasoning

Having found the defendants trespassers, the court held a trespasser has no right to remain. Although the first defendant's husband was buried on the suitland after the committee verdict, the mere fact of interment is not a bar to eviction orders.

p. 3

Legal principles established

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  • The decision of the adjudication committee stands once the appellate decision overturning it is quashed
  • A party who follows lawful procedures in acquiring title has a indefeasible title that cannot be cancelled absent proof of fraud
  • A trespasser has no right to remain on property; burial of remains on the land does not bar eviction
  • Burial on land after an adverse adjudication finding does not defeat eviction orders

Court orders

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  1. 1.A declaration that the defendants are trespassers to land parcel No. West Pokot/Chepareria/2312
  2. 2.An order of eviction against the defendants from LR. No. West Pokot/Chepareria/2312
  3. 3.An order dismissing the defendants counter-claim
  4. 4.Costs of the suit and counter-claim to be paid by the defendants

Authorities

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Legislation

  • Land Adjudication ActCap 284 (Laws of Kenya)
Jurisdiction invoked
Environment and Land Court jurisdiction over title, trespass and eviction of land in West Pokot County

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, "Jacob Patis Remor v Chepotuturwa Yaraita & another [2016] KEELC 348 (KLR)", Case Analysis (2016). Land Case No. 63 of 2008. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2016/348/eng@2016-10-13

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