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ELCAllowedELC Cause No. 815 of 2016· [2017] KEELC 169 (KLR)

Omega Karandi v John Obonyo Onyamo & 4 others [2017] KEELC 169 (KLR)

Environment and Land Court
19 October 2017
MKMohammed Noor Kullow
537 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan landowner with a certificate of title won an uncontested case and got 90 days' grace before evicting occupants who had no legal claim to the land.

What this practically means

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Executive summary

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The Plaintiff sued the five Defendants claiming to be the sole registered owner of land known as NORTH MUGIRANGO/MAGWAGWA 1/3021 (originally pleaded as 1/2139 before amendment) and alleging that the 1st to 4th Defendants, without colour of right and without authority from the 5th Defendant (who was alleged to have purportedly sold the land), entered the land, demarcated it amongst themselves, occupied it, constructed permanent structures and cultivated crops. The Defendants did not enter appearance despite reminders and the suit proceeded as an undefended hearing. The Plaintiff testified, produced a certificate of title and photographs of structures on the land, and called a neighbour, Francis Nataya Suguta, who confirmed the Defendants' invasion, structures and tea bushes on the land. The court held that a certificate of title is prima facie evidence of ownership, and that the Defendants' failure to participate meant the Plaintiff's evidence stood uncontested and unchallenged. Judgment was entered for the Plaintiff as prayed, with a 90-day grace period for the Defendants to vacate the suit land, failing which the Plaintiff may evict in strict compliance with Section 156(a) to (g) of the Land Act (2016) as amended. Dated, signed and delivered at Kisii on 19th October 2017 by Mohammed Noor Kullow, Judge.

Key legal issues

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01

Proof of ownership of registered land against persons in occupation without colour of right

Holding

The Plaintiff, having produced a certificate of title and uncontested evidence of the Defendants' entry and occupation, proved his case on a balance of probabilities and was entitled to judgment as prayed.

Reasoning

The Plaintiff produced a certificate of title showing registration in his name, together with photographs of structures on the land, and called a neighbour witness who confirmed the Defendants' invasion, construction and cultivation. The Defendants, despite service, neither entered appearance nor participated in the hearing, so the Plaintiff's evidence remained unchallenged and unrebutted.

p. 2

Legal principles established

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  • A certificate of title is prima facie evidence of ownership of land

Court orders

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  1. 1.Judgment entered for the Plaintiff as prayed
  2. 2.Defendants ordered to vacate the suit land within 90 days from the date of judgment
  3. 3.Failing vacation, the Plaintiff may carry out eviction in strict compliance with Section 156(a) to (g) of the Land Act (2016) as amended

Authorities

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Legislation

  • Land ActSection 156(a) to (g)
Jurisdiction invoked
Original jurisdiction of the Environment and Land Court over disputes relating to land

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, "Omega Karandi v John Obonyo Onyamo & 4 others [2017] KEELC 169 (KLR)", Case Analysis (2017). ELC Cause No. 815 of 2016. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/169/eng@2017-10-19

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