Joseph Barasa Makhanu v Peter nyongesa & another [2016] KEELC 1171 (KLR)
The bottom line
#A Kenyan court ruled that co-operative land belongs to the shareholder whose name appears on payment receipts, and all his children inherit shares of it.
What this practically means
#Executive summary
#Key legal issues
#Whether the plaintiff was the shareholder and owner of the 1.6 acres at Weonia Farmers Co-operative Society
The court found that the father, Makhanu Chemiati, was the shareholder and hence the owner of the disputed land, not the plaintiff
Although the plaintiff produced a share certificate dated 24/10/2006 showing 100 shares and 1.6 acres, receipts as late as 17.10.2005 were issued in the name of his father. The court reasoned that if the land was the plaintiff's, there would have been no point making payments with receipts issued in the father's name. No evidence showed that 1.6 acres equated to shares of Kshs 1,020 each. The photocopy certificate dated 2006 was therefore insufficient to displace the father's ownership.
Whether the defendants are entitled to a share of the land
All the children of the late Makhanu Chemiati, including the plaintiff, are entitled to portions of the land, and this had already been effected through sub-division into four portions by the District Officer
The land was allocated to Makhanu Chemiati by virtue of his membership of the Society. Having died, all his children are entitled to portions. The court noted the dispute had been arbitrated before the local District Officer, who subdivided the land into four portions for the four sons, a sub-division the plaintiff conceded during cross-examination. The court accepted this distribution as determining entitlement between the siblings.
Whether the plaintiff could evict the defendants
The suit was misconceived as the plaintiff cannot evict his brothers from land they are entitled to
Having found that the disputed land belonged to the deceased father and that all his children are entitled to portions already sub-divided, the plaintiff's claim for eviction failed. The court held that the plaintiff, as one of the four sons sharing the land, could not claim exclusive possession and evict siblings entitled to their shares.
Legal principles established
#- Where receipts for share payments in a co-operative society are issued in the name of another person, that person, not the plaintiff, is the shareholder and owner of the allocated land
- On the death of a co-operative society member, all his children are entitled to a portion of the land allocated to him by virtue of his membership
Court orders
#- 1.The plaintiff's suit is dismissed with costs to the defendants
- Jurisdiction invoked
- Environment and Land Court jurisdiction under the Environment and Land Court Act (land dispute); judgment does not state the enabling provision
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Joseph Barasa Makhanu v Peter nyongesa & another [2016] KEELC 1171 (KLR)", Case Analysis (2016). Land Case No. 57 of 2009. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2016/1171/eng@2016-01-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.