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ELCAllowedELC Case No. 1108 of 2013· [2017] KEELC 636 (KLR)

Julius Kimani Kibe v Joseph K. Njenga [2017] KEELC 636 (KLR)

Environment & Land Court of Kenya
20 November 2017
EOE.O. Obaga
559 words in judgment
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The bottom line

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A Nairobi court confirmed that an allotment letter proved ownership of plot 1/171 and ordered the squatter's eviction.

What this practically means

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Executive summary

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The plaintiff sued the defendant in the Environment and Land Court at Milimani seeking a declaration that plot No. 1/171 in the Soweto Resettlement Scheme belongs entirely to him by virtue of an allotment letter dated 20th September 1990, an order of eviction of the defendant, a permanent injunction against trespass, leasing, transferring or alienating the plot, and costs. The defendant, though duly served and having entered appearance, filed no defence; on the date set for formal proof his counsel's application for adjournment was refused and counsel withdrew from the hearing, leaving the plaintiff's evidence uncontroverted. The plaintiff testified that persons displaced from land taken by the military at Embakasi were allocated plots in the Soweto Resettlement Scheme, that he was allotted plot No. 1/171 and put up a temporary structure, and that in 2013 he found the defendant had erected structures on the plot, claiming to have bought it from the defunct Nairobi City Council. The court, reviewing the documents, found that the allocation by the then Provincial Administration had been formalized by the County Government of Nairobi, and that the Nairobi City County surveyors had confirmed the plot on the ground to be plot No. 1/171, there being no plot No. 1/171A as the defendant claimed. Holding the plaintiff's case proved on a balance of probabilities, the court allowed the claim in terms of all four prayers of the plaint, granting the declaration, eviction order, permanent injunction and costs. Judgment was delivered at Nairobi on 20th November 2017 by E.O. Obaga, Judge.

Key legal issues

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01

Ownership of plot No. 1/171 under an allotment letter

Holding

The plaintiff, as allottee of plot No. 1/171 by letter dated 20th September 1990, proved ownership; the defendant's asserted plot 1/171A does not exist.

Reasoning

The plaintiff was allocated the suit property by the then Provincial Administration and the allocation was formalized by the County Government of Nairobi. When the dispute arose, the Nairobi City County surveyor established that the plot on the ground is plot No. 1/171; surveyors are the persons who know the position of plots on the ground, and there is no plot No. 1/171A. The defendant filed no defence.

p. 2

Legal principles established

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  • In a formal proof hearing where no defence is filed, the plaintiff need only prove his case on a balance of probabilities on the documents and uncontroverted evidence.

Court orders

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  1. 1.Declaration that plot No. 1/171 belongs entirely to the plaintiff by virtue of the allotment letter dated 20th September 1990
  2. 2.Order of eviction of the defendant from plot No. 1/171
  3. 3.Permanent injunction restraining the defendant, his servants, employees or anyone from trespassing on, leasing, transferring or alienating plot No. 1/171 without the plaintiff's consent
  4. 4.Costs of the suit to the plaintiff
Jurisdiction invoked
Environment and Land Court, first-instance civil claim (undefended/formal proof)

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, "Julius Kimani Kibe v Joseph K. Njenga [2017] KEELC 636 (KLR)", Case Analysis (2017). ELC Case No. 1108 of 2013. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/636/eng@2017-11-20

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