Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
ELCPartially AllowedNot stated in the judgment· [2017] KEELC 1518 (KLR)

Daniel Kamau Kiarie v Thome Farmers Company No.1 Limited [2017] KEELC 1518 (KLR)

Environment and Land Court
24 May 2017
JKJ. G. Kemei
1,104 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~4 min to read original · ~4 min brief

The bottom line

#

A Nairobi court confirmed two men jointly own a Thome Farmers plot and ordered the company to correct its register after their names were illegally swapped.

What this practically means

#

Executive summary

#
The plaintiff filed a plaint on 29th April 2016 seeking a declaration that Plot No. 39 of Thome Farmers Co. (No.1) Limited is jointly owned by himself and the late Harrison Mwicharo Githogori vide Share Certificate No. 1121 dated 19th June 1987, and an order compelling the defendant company to rectify its register of members by removing the name of Solomon M. Wokogi and reinstating the plaintiff and Githogori as joint owners. The defendant did not enter appearance despite service, and the suit proceeded to formal proof where the plaintiff testified alone, producing the share certificate and an extract of the register of members showing both joint owners against Plot No. 39. His evidence was corroborated by Mary Nyokabi Githogori, the deceased's widow and legal representative, who held a confirmed grant issued on 23rd February 2011. The court framed two issues: joint ownership, and entitlement to the reliefs sought. It found that the plaintiff had proved joint ownership on the documents, which were uncontroverted, and that no evidence or legal basis had been offered for the removal of Githogori's name and the insertion of Wokogi's name in the register. Relying on Prab Hulal Tejpa Haria & Another v Pravin Chandra Meghji Dodhia & 2 Others [2007] eKLR, where Warsame J held that the court's summary rectification powers may be invoked in plain and clear cases, the court found this to be such a case. Judgment was entered on a balance of probability: a declaration of joint ownership was issued, rectification of the register was ordered, but no costs were awarded. Judgment was delivered in open court on 24th May 2017 in the absence of parties who had notice of the date.

Key legal issues

#
01

Whether the plaintiff and Harrison Mwicharo Githogori are joint owners of the share and Plot No. 39

Holding

Yes - the share certificate No. 1121 and the extract of the register of members proved joint ownership, corroborated by the deceased's legal representative

Reasoning

The plaintiff produced Share Certificate No. 1121 dated 19th June 1987 in the names of Kamau Kiarie and Harrison Githogori and an extract of the register of members listing both against Plot No. 39. This evidence was uncontroverted, the defendant having not entered appearance, and was corroborated by Mary Nyokabi Githogori, the legal representative of the deceased co-shareholder. The court thus found joint ownership established on the documents.

p. 2
02

Whether the register of members should be rectified by removing Solomon M. Wokogi's name

Holding

Yes - the alteration of the register was unexplained, illegal and unprocedural, justifying rectification

Reasoning

No evidence was adduced giving any reason or legal basis for the removal of Harrison Githogori's name and the insertion of Solomon M. Wokogi's name in the register of members. Relying on the summary rectification powers recognised in the Prab Hulal Tejpa Haria case, the court held this was a plain and clear case warranting rectification, as the true owners were being deprived of their property while Wokogi remained on the register.

p. 2

Legal principles established

#
  • The summary powers of the Court in rectifying a member register can be invoked in plain and clear cases

Court orders

#
  1. 1.A declaration that Thome Farmers Co. (No.1) Limited plot No. 39 situated in Thome area within Nairobi County is jointly owned by the Plaintiff and Harrison Mwicharo Githogori vide Share Certificate No. 1121 dated 19th June 1987
  2. 2.An order that the Defendant Company, either by itself or through its Advocate or agent Dorcas Nanjero, rectify the Company register of the plots in their custody by removing the name of Solomon M. Wokogi and reinstating the names of Harrison Mwicharo Githogori and Daniel Kamau Kiarie as joint owners of the said plot as per the original register
  3. 3.No orders as to costs

Authorities

#

Cases cited (1)

  • Prab Hulal Tejpa Haria & Another vs. Pravin Chandra Meghji Dodhia & 2 Others
    [2007] eKLR
Jurisdiction invoked
Original civil jurisdiction over the suit by plaint; rectification of the company register of members

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Daniel Kamau Kiarie v Thome Farmers Company No.1 Limited [2017] KEELC 1518 (KLR)", Case Analysis (2017). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/1518/eng@2017-05-24

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