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ELCAllowedNot stated in judgment· [2017] KEELC 995 (KLR)

Longura Kongelai v Cheposekor Rionongole Rengono & another [2017] KEELC 995 (KLR)

Environment and Land Court
30 October 2017
MNMwangi Njoroge
463 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A West Pokot man won back his 50-acre plot after defendants skipped court, showing land documents and elders' minutes can secure eviction orders.

What this practically means

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Executive summary

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This was an unopposed land suit decided on formal proof. By plaint dated 11/3/2016 the plaintiff sought a mandatory injunction requiring the defendants and their agents to vacate Plot No. 188 on the Kanyarkwat Group Ranch in Napawoi area, West Pokot County, and in default their eviction. Service on the defendants was proved by affidavit of the process server George Mumali filed on 4/5/2016. The defendants did not enter appearance or participate, and the matter proceeded to formal proof on 2/10/2017 before Mwangi Njoroge J at Kitale, with the plaintiff led in evidence by Mr. Wafula holding brief for Mr. Katama. The plaintiff testified that the defendants invaded his approximately 50-acre plot in 2012 during insecurity in the area while he had been displaced, and on return he found them in occupation. He produced a Land Adjudication Form dated 4/9/2014 showing demarcation in his favour by the Village Elders' Ranch Committee, and minutes of an elders' meeting convened by the chief resolving that the land belonged to him. The court found the plaintiff's case unopposed and that he had established the elders' resolution on ownership, and held the case proved on a balance of probabilities. Judgment was entered against the defendants jointly and severally with a mandatory injunction to vacate, default provision for forcible eviction, and costs awarded to the plaintiff.

Key legal issues

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01

Proof of ownership of the suitland at formal proof

Holding

The plaintiff proved ownership on a balance of probabilities through a Land Adjudication Form dated 4/9/2014 and minutes of an elders' meeting resolving that the land belonged to him.

Reasoning

The suit proceeded by way of formal proof after service, with the defendants absent and not opposing. The plaintiff testified, adopted his written statement, and produced the Land Adjudication Form and the chief's elders' meeting minutes as exhibits. The court found the resolution of the elders established the plaintiff's ownership and held his case proved on a balance of probabilities, justifying a mandatory injunction and eviction.

p. 1

Legal principles established

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  • Where a defendant fails to appear or oppose the claim and the plaintiff leads uncontroverted evidence at formal proof, judgment may be entered on a balance of probabilities.

Court orders

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  1. 1.An order of mandatory injunction requiring the defendants, their agents and property and any person claiming under them, to remove themselves from parcel No. 188 on the Kanyarkwat Group Ranch situate in Napawoi area in West Pokot County
  2. 2.In default of compliance, the defendants to be forcefully evicted from the suitland
  3. 3.Judgment entered for the plaintiff against the defendants jointly and severally
  4. 4.Costs of the suit to be borne by the defendants
Jurisdiction invoked
Original civil jurisdiction over land disputes (plaint seeking mandatory injunction and eviction in respect of land in West Pokot County)

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, "Longura Kongelai v Cheposekor Rionongole Rengono & another [2017] KEELC 995 (KLR)", Case Analysis (2017). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/995/eng@2017-10-30

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