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ELCPartially AllowedLand Case No. 83 of 2014· [2016] KEELC 1180 (KLR)

Patrick Wakoli Sichangi & another v Patrick Makokha Bunyoli & 2 others [2016] KEELC 1180 (KLR)

Environment and Land Court
27 January 2016
EOE. Obaga
728 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 confirmed the buyers' land title and ordered a blocked access road reopened, but refused damages because no trespass was proved.

What this practically means

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Executive summary

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The plaintiffs, registered owners of LR No. Waitaluk/Kapkoi Block 12 (Chamgei)/220 measuring 1.1 hectares, sued the defendants, members of a family owning the neighbouring plot 173, seeking a declaration that they are the sole registered owners of the suit land and a permanent injunction. The first plaintiff had bought small portions from the defendants' family and others, amalgamating them into the suit land, and sold 0.2 acre to the second plaintiff, with title processed in their joint names. When the first plaintiff testified, the court noticed the evidence pointed to a boundary dispute and directed the County Surveyor to visit the suit land and plot 173 to ascertain encroachment; the surveyor's report was filed on 25.5.2015. The defendants did not adduce evidence after an adjournment application was rejected, and the case proceeded ex parte. The survey report showed the defendants had closed an access road to the suit land and were claiming part of it, and that ground measurements conformed to map measurements. The court held the plaintiffs are the lawfully registered owners, granted the declaration and a permanent injunction, and ordered the blocked access road opened forthwith. However, as no evidence showed the defendants had entered or done anything on the suit land itself, general damages for trespass were refused. The claim was allowed with costs to the plaintiffs. Judgment was delivered at Kitale on 27 January 2016.

Key legal issues

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01

Encroachment and interference with suit land

Holding

The defendants were found to be illegally interfering with a road of access leading to the plaintiffs' land and claiming part of the suit land, but there was no proof of entry onto the suit land itself

Reasoning

The court relied on a survey report prepared at its instance by the County Surveyor, which showed that the defendants had closed an access road to the suit land and were claiming part of it. Ground measurements conformed to map measurements. However, no evidence showed the defendants on the suit land or doing anything on it, so damages for trespass failed while the declaration and injunction succeeded.

p. 2

Legal principles established

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  • General damages for trespass require proof of actual entry onto or occupation of the land

Court orders

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  1. 1.Declaration that the plaintiffs are the lawfully registered owners of the suit land
  2. 2.Permanent injunction against the defendants from interfering with the suit land in any manner
  3. 3.The blocked access road should be opened forthwith
  4. 4.Costs to the plaintiffs
Jurisdiction invoked
Original jurisdiction of the Environment and Land Court over disputes relating to land (Environment and Land Court Act)

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, "Patrick Wakoli Sichangi & another v Patrick Makokha Bunyoli & 2 others [2016] KEELC 1180 (KLR)", Case Analysis (2016). Land Case No. 83 of 2014. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2016/1180/eng@2016-01-27

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