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ELCAllowedLand Case No. 100 of 2015· [2016] KEELC 530 (KLR)

Musa Tapem v Samson Ariworeng & 5 others [2016] KEELC 530 (KLR)

Environment and Land Court
26 September 2016
EOE. Obaga
570 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court evicted a family occupying another's land because they filed no defence and earlier adjudication had already dismissed their claim.

What this practically means

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Executive summary

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The plaintiff, administrator of the estate of his late father Danger Tabim, sued six defendants - beneficiaries of the late Ariworeng Ruatanyang - seeking eviction and a permanent injunction in respect of LR No. West Pokot/Chepareria/461, of which the deceased was the registered owner. The defendants entered appearance through Katina & Co. Advocates but filed no defence and did not attend the formal proof hearing, which proceeded in their absence. The plaintiff testified and produced a certificate of official search showing the deceased was registered as owner on 1/7/1998, a grant confirming his administration of the estate, and proceedings of two arbitrations before the Land Committee of Chepareria Adjudication Section - a determination of 3/8/1982 and a dismissed objection of 25/9/1992 - both resolved in favour of the deceased. The court observed that Ariworeng Ruatanyang had his own land at Sook and his claim during demarcation was heard and dismissed, so his family had no right to remain on the suitland. Holding that the plaintiff had proved his case on a balance of probabilities, the court ordered the defendants' eviction from the suitland, granted a permanent injunction restraining them and their agents from interfering with it, and awarded costs and interest against the defendants jointly and severally. Judgment was delivered at Kitale on 26 September 2016 by E. Obaga J.

Key legal issues

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01

Proof of title and entitlement to eviction where defendants filed no defence

Holding

The plaintiff proved ownership of the suitland as administrator of the registered owner; the defendants had no right to remain and were liable to eviction with a permanent injunction.

Reasoning

The deceased was registered owner of the suitland on 1/7/1998 as shown by an official search, and the plaintiff held a grant of representation as administrator. Prior disputes with Ariworeng Ruatanyang were twice arbitrated by the Land Committee of Chepareria Adjudication Section, in 1982 and 1992, both times in the deceased's favour, showing that the defendants' family had land at Sook and no right to remain on the suitland. The defendants entered appearance but filed no defence and did not attend the formal proof hearing.

p. 2

Legal principles established

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  • A plaintiff proves his case on a balance of probabilities where he demonstrates registered title and prior adjudication in his favour, and an unchallenged claim at formal proof warrants the reliefs sought.

Court orders

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  1. 1.An order of eviction against the defendants or their agents from LR. No. West Pokot/Chepareria/461
  2. 2.A permanent injunction restraining the defendants and/or their agents from interfering in any manner with LR. No. West Pokot/Chepareria/461
  3. 3.Costs and interest to be paid by the defendants jointly and severally
Jurisdiction invoked
Environment and Land Court jurisdiction over land disputes (suitland LR No. West Pokot/Chepareria/461)

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, "Musa Tapem v Samson Ariworeng & 5 others [2016] KEELC 530 (KLR)", Case Analysis (2016). Land Case No. 100 of 2015. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2016/530/eng@2016-09-26

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