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ELCPartially AllowedELC Cause No. 58 of 2017· [2017] KEELC 1994 (KLR)

Ituiku Farmers Co. Ltd v Elijah Misoi & 2 others [2017] KEELC 1994 (KLR)

Environment and Land Court
27 July 2017
410 words in judgment
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The bottom line

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A Kenyan court evicted occupants who bought land from a company chairman who had no authority to sell it, warning that evictions must follow the law.

What this practically means

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Executive summary

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The plaintiff, a land-owning limited liability company, sued Elijah Misoi, Simon Kimetto and Joseph Koech, sued in their capacity as officials of Chemalungtany Farmers, by a plaint dated 15th November 2013. It alleged that in 1995 the then chairman, Stephen Kirie, fraudulently purported to sell 82 hectares of land parcel NAROK/CIS MARA/OLOLULUNGA/137 to the defendants without a company resolution and without Land Control Board consent. The plaintiff sought eviction and damages for trespass. The defendants were served but neither entered appearance nor filed a defence, and at the hearing the plaintiff called one witness, Geoffrey Mungai Kubwa, the company chairman, who testified that the company held title to the land and that the former chairman acted without authority; the defendants moved onto the land in 2006 and continued to occupy and cultivate it. Holding the case undefended and uncontested, so that the plaintiff's title remained unchallenged, the court entered judgment for the plaintiff. It ordered the defendants, their members and all persons claiming under them to vacate the suit land within 120 days, directed that any eviction thereafter comply strictly with section 152(a) to (g) of the Land Act (Revised 2016), and awarded costs to the plaintiff. No damages for trespass were assessed or awarded. Judgment was delivered by Mohammed Noor Kullow, Judge, at Narok on 27th July 2017.

Key legal issues

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01

Validity of a sale of company land by an unauthorised chairman without a company resolution and without Land Control Board consent

Holding

The court accepted the plaintiff's uncontroverted evidence that the chairman who purported to sell the land was not authorised, and treated the plaintiff's title as unchallenged, entering judgment for the plaintiff.

Reasoning

The defendants were served with the plaint but neither entered appearance nor filed a defence. The plaintiff's chairman testified that the company held title to the suit land and that the former chairman, Stephen Kiarie, purportedly attempted to sell it without authority. With no contrary evidence, the court held the plaintiff's title unchallenged and granted the eviction orders sought.

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02

Entitlement to eviction of persons in occupation of the suit land

Holding

The court ordered eviction of the defendants, their members and all persons claiming under them, within 120 days, subject to the statutory eviction procedure.

Reasoning

The defendants moved onto the land in 2006 and continued to occupy and cultivate it to the plaintiff's detriment. As the plaintiff's title was unchallenged and the suit uncontested, the court found the occupation unjustified and granted eviction with a 120-day grace period, directing compliance with section 152 of the Land Act.

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Legal principles established

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  • Where a suit is undefended and uncontested, the plaintiff's title remains unchallenged and judgment may be entered on the uncontroverted evidence
  • Eviction orders must be executed in strict compliance with the statutory eviction procedure under section 152 of the Land Act

Court orders

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  1. 1.An order of eviction against the defendants, their members and any person claiming title under them, to vacate NAROK/CIS MARA/OLOLULUNGA/137 within 120 days from the date of judgment
  2. 2.Any eviction after the lapse of the 120-day period to be carried out in strict compliance with section 152(a) to (g) of the Land Act (Revised 2016)
  3. 3.Costs of the suit awarded to the plaintiff

Authorities

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Legislation

  • Land ActSection 152(a) to (g)
Jurisdiction invoked
Environment and Land Court jurisdiction over disputes relating to title to and occupation of 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, "Ituiku Farmers Co. Ltd v Elijah Misoi & 2 others [2017] KEELC 1994 (KLR)", Case Analysis (2017). ELC Cause No. 58 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/1994/eng@2017-07-27

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