Mark Mwaura Mwangi & another v Michael Charo Konde [2016] KEELC 867 (KLR)
The bottom line
#The Malindi Environment and Land Court ordered squatters evicted from a family plot because the heirs proved their late father's registered title with documents.
What this practically means
#Executive summary
#Key legal issues
#Proof of ownership of the suit property on a balance of probabilities
The Plaintiffs proved through the Certificate of Title, Certificate of Postal Search and witness testimony that their late father was the registered proprietor of the suit property.
The Defendants, though served by advertisement in the Daily Nation of 23rd September 2014, neither entered appearance nor filed a defence. The matter proceeded to formal proof. PW1 testified the deceased bought the property from Mohamed Haji Bachu by a Transfer dated 19th April 1974 and it was transferred on 24th April 1974, and produced title documents. An earlier adverse possession claim by some Defendants had been dismissed. On this evidence the court was satisfied ownership was proved.
Unlawful occupation and entitlement to eviction
The Defendants invaded the suit property after the death of the registered owner, put up temporary makuti structures, and were to be evicted.
PW1 stated the Defendants invaded the land upon the father's death and erected temporary makuti structures; PW2 testified that after reporting, the Chief helped remove the Defendants but they returned. Their prior attempt to claim the land through adverse possession in Malindi ELC No. 36 of 2010 (OS) had been dismissed. The court allowed the amended Plaint as prayed, granting the eviction sought.
Legal principles established
#- A plaintiff who proves registered title by documentary evidence and testimony, in the absence of a defence, is entitled to judgment on a balance of probabilities.
Court orders
#- 1.The Plaintiffs' amended Plaint dated 23rd June 2014 allowed as prayed
- 2.An order to evict the Defendants out of plot number 157/III/MN (as sought in the Plaint)
- Jurisdiction invoked
- Original civil suit before the Environment and Land Court seeking eviction and ownership of land; Article 40 of the Constitution cited on property rights
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mark Mwaura Mwangi & another v Michael Charo Konde [2016] KEELC 867 (KLR)", Case Analysis (2016). Plot No. 157/III/MN suit (Malindi) – amended Plaint dated 23rd June 2014. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2016/867/eng@2016-05-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.