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ELCPartially AllowedNot stated in judgment· [2017] KEELC 500 (KLR)

Joseph Givan Mwangi Kimani (Suing as the Administrator of the Estate of Mary Njoki Kimani -deceased) v Simon Wanyika [2017] KEELC 500 (KLR)

Environment and Land Court
20 December 2017
MNMwangi Njoroge
404 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 that a registered land owner can evict a trespasser, but compensation for use of the land must be actually proven in evidence.

What this practically means

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Executive summary

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The plaintiff, administrator of the Estate of Mary Njoki Kimani, sued seeking a declaration that parcel Trans-Nzoia/Kapkoi/263 solely belongs to him, the defendant's eviction, mesne profits, costs and interest. He pleaded that he acquired the land in 1974 and registered it in his late mother's name, entrusting it to her as caretaker. Upon her death in 2013, the plaintiff became registered as proprietor, holding a Certificate of Confirmation of Grant dated 29/9/2016 designating him transferee of the 2.40 Ha parcel, together with the original title bearing his name. He claimed the defendant has trespassed on the suitland since 2013. The court found the plaintiff's rights protected by Sections 24 and 25 of the Land Registration Act and held that, as registered proprietor, he had proved his case on a balance of probabilities against the defendant. Judgment was entered in terms of prayers (a), (bb) and (d) of the amended plaint dated 16/6/2017 - covering the declaration, eviction and costs - but the claim for mesne profits was declined for want of proof. The defendant did not appear at the hearing. Judgment was delivered at Kitale on 20 December 2017 by Mwangi Njoroge J.

Key legal issues

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01

Proprietary rights of a registered proprietor against a trespasser

Holding

The plaintiff, as registered proprietor holding title in his name following confirmation of grant in his favour, proved his claim on a balance of probabilities

Reasoning

The plaintiff produced a Certificate of Confirmation of Grant designating him transferee of the suitland and the original title bearing his name. His rights as registered proprietor are protected by Sections 24 and 25 of the Land Registration Act. Trespass commenced in 2013 upon the mother's death, and the defendant asserted no right over the land. Judgment was entered for the plaintiff.

p. 1
02

Mesne profits

Holding

The claim for mesne profits failed for want of proof

Reasoning

Although trespass was found to have commenced in 2013, the plaintiff did not adduce evidence quantifying or proving the mesne profits claimed. The court accordingly declined that head of relief while granting the declaration, eviction and costs.

p. 1

Legal principles established

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  • A registered proprietor's rights and interests in land are protected under Sections 24 and 25 of the Land Registration Act

Court orders

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  1. 1.Declaration that Trans-Nzoia/Kapkoi/263 solely belongs to the plaintiff and the defendant has no right over it
  2. 2.Order of eviction against the defendant and those claiming under him
  3. 3.Costs of the suit
  4. 4.Judgment in terms of prayers (a), (bb) and (d) of the amended plaint dated 16/6/2017
Jurisdiction invoked
Not stated in the judgment

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, "Joseph Givan Mwangi Kimani (Suing as the Administrator of the Estate of Mary Njoki Kimani -deceased) v Simon Wanyika [2017] KEELC 500 (KLR)", Case Analysis (2017). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/500/eng@2017-12-20

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