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ELCDismissedLand Case No. 145 of 2013· [2016] KEELC 380 (KLR)

Daudi Kopen v Antonet Kupar & 2 others [2016] KEELC 380 (KLR)

Environment and Land Court
13 October 2016
1,138 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan landowner who signed sale documents couldn't evict the buyers; the court ordered him to hand over the title so the purchasers could be registered.

What this practically means

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Executive summary

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The plaintiff, registered owner of LR No. West Pokot/Siyoi/60, sued three defendants for eviction as trespassers. His claim was dismissed on 13/7/2015 for non-attendance, with costs, and the defendants were allowed to proceed with their counter-claim. Each defendant testified that she or he had purchased a portion of the suitland from the plaintiff (the third defendant from the plaintiff's son with the plaintiff's express confirmation), paid the full purchase price, obtained land control board consent, and received signed transfer forms together with the plaintiff's photograph, PIN certificate and ID copy. The transactions failed to complete only because the plaintiff refused to surrender the original title deed to enable registration. The court found no merit in the plaintiff's position: he had signed all documents and did not allege forgery or fraud. The defendants had taken possession and developed their plots - the first defendant residing there since 1983, the third since 2008, and the second having erected a permanent house. The court held that the defendants had proved their counter-claim on a balance of probabilities and that it was the plaintiff, not the purchasers, who had failed to meet his part of the bargain. The plaintiff was ordered to surrender the original title to the lands office at Trans-Nzoia/West Pokot to facilitate transfer; failing which the Land Registrar was directed to issue title deeds Nos. West Pokot/Siyoi/5331, 5332 and 5333 to the defendants. The plaintiff was ordered to bear the costs of both the main suit and the counter-claim.

Key legal issues

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01

Whether the defendants proved their counter-claim for transfer of the purchased portions

Holding

The defendants proved their counter-claim on a balance of probabilities; they paid the purchase price, obtained consent, and the plaintiff signed all transfer documents

Reasoning

Each defendant produced sale agreements or explained their absence, paid the full purchase price, obtained land control board consent, and received signed transfer forms with the plaintiff's photographs, PIN certificate and ID copy. The plaintiff took part in the transactions and never alleged forgery or fraud; only the surrender of the original title remained outstanding, which was his own default.

p. 3
02

Whether the plaintiff could disown the sales as unauthorised acts of his son

Holding

No merit; the plaintiff personally signed the transfer documents and confirmed to the third defendant that he had given his son the plot with no objection to its sale

Reasoning

The third defendant purchased from the plaintiff's son only after the plaintiff himself confirmed he had allocated the plot to the son and had no objection to the sale. In all three transactions the plaintiff subsequently applied for consent, signed mutations and transfers, and furnished his photograph, PIN and ID. His later assertion that any sale was by his son without authority was inconsistent with his own conduct.

p. 2

Legal principles established

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  • Where a purchaser has paid the full purchase price, obtained land control board consent, and the vendor has signed transfer documents, the court may order the vendor to surrender the title or direct the Land Registrar to issue titles in the purchaser's favour

Court orders

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  1. 1.The plaintiff is ordered to surrender the original title for LR. No. West Pokot/Siyoi/60 to the lands office Trans-Nzoia/West Pokot to facilitate transfer
  2. 2.Failing surrender, the Land Registrar Trans-Nzoia/West Pokot should issue title deeds in favour of the three defendants being titles Nos. West Pokot/Siyoi/5331, 5332 and 5333
  3. 3.The plaintiff shall bear the costs of the main suit and the counterclaim
Jurisdiction invoked
Environment and Land Court jurisdiction under the Environment and Land Court Act (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, "Daudi Kopen v Antonet Kupar & 2 others [2016] KEELC 380 (KLR)", Case Analysis (2016). Land Case No. 145 of 2013. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2016/380/eng@2016-10-13

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