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ELCAllowedLand Case No. 49 of 2015· [2016] KEELC 1027 (KLR)

Samuel Wafula Chachalia v Martha Wairimo & 4 others [2016] KEELC 1027 (KLR)

Environment and Land Court
10 March 2016
EOE. OBAGA
709 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 ordered five people evicted from a plot the buyer proved he owned through official settlement records.

What this practically means

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Executive summary

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The plaintiff sued five defendants seeking a declaration that they were trespassers on Plot No. 70 at Kapkoi Settlement Scheme, a permanent injunction, eviction and demolition of structures. He had purchased the 5-acre plot from Jackson K.T. Komen under an agreement dated 21/5/2014, but on going to the ground found the first defendant, Martha Wairimo, in possession; she had sold portions to the other four defendants. The Lands office records showed the plot had been double-allocated to both Komen and the first defendant, but the matter had been resolved: a letter dated 9/3/2010 from the Land Adjudication and Settlement Department, Trans-Nzoia, confirmed that the first defendant had agreed to take Plot No. 642 and that her payments on Plot 70 were transferred to it. A February 2015 demand letter confirmed Komen as allottee (in arrears of Kshs 40,876), and the assistant chief confirmed the first defendant declined to confine herself to Plot 642. The defendants were duly served but neither entered appearance nor filed a defence, so the suit proceeded by formal proof. The court found the plaintiff's uncontroverted evidence proved his case to the required standard and entered judgment allowing all reliefs sought: a declaration of trespass, eviction with demolition of structures, a permanent injunction protecting the plaintiff's quiet enjoyment, with costs against the defendants.

Key legal issues

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01

Ownership of Plot No. 70 Kapkoi Settlement Scheme following a double allocation

Holding

The plaintiff, as purchaser from the duly allotted allottee Jackson K.T. Komen, proved ownership; the double allocation was resolved when the first defendant accepted Plot No. 642

Reasoning

The plaintiff produced a letter dated 9/3/2010 from the Land Adjudication and Settlement Department confirming the double allocation and that Martha Wairimu agreed to take Plot No. 642, with payments transferred. A demand letter of February 2015 confirmed Jackson Komen as allottee, and the assistant chief confirmed the first defendant refused to confine herself to Plot 642. The defendants, though served, filed no defence.

p. 2
02

Trespass and entitlement to eviction and injunction

Holding

The defendants, in possession without right, were trespassers; eviction, demolition of structures and a permanent injunction were warranted

Reasoning

The first defendant was in possession and had sold portions of the suitland to the other defendants despite the allocation having been resolved in favour of Jackson Komen, the plaintiff's vendor. The plaintiff was prevented from taking possession by the first defendant's son. His claim for declaration of trespass, eviction, demolition and permanent injunction succeeded against all defendants.

p. 2

Legal principles established

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  • Uncontroverted evidence at formal proof, supported by official correspondence confirming resolution of a double allocation, proves ownership on a balance of probabilities

Court orders

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  1. 1.A declaration that the defendants are trespassers to the suit land
  2. 2.An order of eviction against the defendants from the suitland and demolition of any structures built thereon
  3. 3.A permanent injunction restraining the defendants or their agents from interfering with the quiet enjoyment of the suitland by the plaintiff upon eviction
  4. 4.The defendants shall bear the costs of this suit
Jurisdiction invoked
Original civil jurisdiction of the Environment and Land Court over land (trespass and ownership of plot in a settlement scheme)

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, "Samuel Wafula Chachalia v Martha Wairimo & 4 others [2016] KEELC 1027 (KLR)", Case Analysis (2016). Land Case No. 49 of 2015. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2016/1027/eng@2016-03-10

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