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ELCPartially AllowedKisumu High Court P&A Cause No. 80 of 2015 (suit filed by plaint dated 14th May 2015)· [2016] KEELC 734 (KLR)

Sarah Amolo Maguti & another v Minister of Land & Settlement & 8 others [2016] KEELC 734 (KLR)

Environment and Land Court
8 June 2016
SKS.M. Kibunja
877 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kisumu court split contested family land with government, giving 2.32 hectares to the deceased's estate and keeping 0.46 hectares for the police post.

What this practically means

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Executive summary

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The plaintiffs, administrators by limited grant ad litem of the estate of Alphonce Maguti Okoth (died 10 February 1985), sued nine state defendants claiming that land parcel Kisumu/Manyatta 'B'/767, registered in the name of the Government of Kenya and partly used by the Provincial Administration and Police, was their ancestral land fraudulently and erroneously registered to the Government. They sought declarations of illegality and unconstitutionality, rectification of the register in favour of the deceased, vacation of the property by the defendants, mesne profits and costs. The 8th Defendant (National Land Commission) filed no papers despite service. On 29 February 2016 the court directed the County Land Registrar and Surveyor to visit the land and establish the acreage occupied by Manyatta Police Post. Their report of 11 April 2016 found 0.46 hectares reserved for the Police Post and 2.32 hectares claimed by the deceased's family. Counsel for both sides agreed the report be adopted as the basis of the solution to the dispute. Holding that the recommendations, based on long occupation, would resolve a dispute dating to 1980, the court entered judgment by consent in terms of the report: the parcel to be subdivided into 0.46 hectares (remaining with the Government of Kenya) and 2.32 hectares (to be transferred to the deceased's name and dealt with under the Law of Succession Act). Each party was ordered to bear its own costs.

Key legal issues

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01

Whether the parties settled the dispute over entitlement and ownership of Kisumu/Manyatta 'B'/767

Holding

Yes; both sides accepted the Land Registrar's and Surveyor's report, and judgment was entered by consent in its terms

Reasoning

The court had ordered the County Land Registrar and Surveyor to visit the suit land and establish the acreage of the portion occupied by Manyatta Police Post. Their report apportioned 0.46 hectares to the Police Post and 2.32 hectares to the deceased's family. Counsel for the Plaintiffs and for the 1st to 7th and 9th Defendants accepted the report as the basis of the solution, allowing consent judgment.

p. 2
02

Costs of the suit

Holding

Each party to bear their own costs

Reasoning

Having resolved the dispute by consent without contested adjudication, the court exercised its discretion to make no adverse costs order, directing each party to bear its own costs.

p. 3

Legal principles established

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  • Where parties accept the recommendations of a jointly obtained court-ordered survey report, judgment may be entered by consent in terms of that report

Court orders

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  1. 1.Land parcel Kisumu/Manyatta 'B'/767 be subdivided into two parcels of 0.46 hectares and 2.32 hectares as shown on the sketch attached to the report dated 11th April 2016
  2. 2.The parcel measuring 2.32 hectares be transferred to the names of Alphonce Maguti Okoth, deceased, to be thereafter dealt with in accordance with the Law of Succession Act, Chapter 160 Laws of Kenya
  3. 3.The parcel of 0.46 hectares do remain in the names of the Government of Kenya
  4. 4.Each party bear their own costs

Authorities

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Legislation

  • Law of Succession ActChapter 160 Laws of Kenya
Jurisdiction invoked
Original civil suit on land title and rectification of register before the Environment and Land Court; no constitutional or statutory jurisdictional provision expressly cited

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, "Sarah Amolo Maguti & another v Minister of Land & Settlement & 8 others [2016] KEELC 734 (KLR)", Case Analysis (2016). Kisumu High Court P&A Cause No. 80 of 2015 (suit filed by plaint dated 14th May 2015). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2016/734/eng@2016-06-08

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