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ELCAllowedLand Case No 148 of 2014· [2017] KEELC 1997 (KLR)

Abdirizak Abdullahi Alin v Simon Choper & another [2017] KEELC 1997 (KLR)

Environment and Land Court
9 May 2016
916 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 proof of land ownership comes from documents, not from repairs or living on the property.

What this practically means

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Executive summary

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The Plaintiff sued the two Defendants seeking a declaration that he is the owner of Plot No. 11 at Lodwar Town in Turkana County, together with an order of eviction. The suitland comprised semi-permanent structures of 17 rooms, of which the Defendants occupied three. The Plaintiff testified that he bought the suitland from John Kisaka Mukakula on 28/1/2014 for Kshs 2,400,000/-; Mukakula had bought it from Joseph Lominto, the original allottee, with the allotment transferred to his name upon payment of transfer fees. The Plaintiff obtained development approvals from the County Government of Turkana and issued tenants notices to vacate. The first Defendant, a son-in-law to the second Defendant, refused to vacate. The Defendants complained to the County Lands Officer, where the Ministry of Lands deliberated and found they had no claim, giving them 14 days to vacate. The hearing proceeded after repeated adjournments at the Defendants' instance, and the Defendants' case was deemed closed with no evidence from them. The court found the documentary chain of ownership proved: sale agreement, allotment, transfer, receipts and plot rent receipts, plus development approvals which it held could not have been issued unless the Plaintiff owned the plot. The second Defendant produced no document supporting her claim that the land belonged to her late brother, and the first Defendant's claimed repairs to toilets conferred no entitlement. The court allowed the suit, declared the Plaintiff the rightful owner, ordered eviction and awarded joint and several costs to the Plaintiff.

Key legal issues

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01

Proof of ownership of suitland

Holding

The Plaintiff proved ownership through a chain of transfers from the original allottee Joseph Lominto to John Kisaka Mukakula and then to himself.

Reasoning

The Plaintiff bought the suitland from John Kisaka Mukakula, who had bought it from Joseph Lominto, the allottee. The sale agreement, allotment, transfer, receipts for transfer fees and plot rent receipts were produced as exhibits. The Plaintiff also obtained development approvals from the County Government of Turkana, which the court found could not have been granted if the plot did not belong to him.

p. 2
02

Defendants' claim to the suitland

Holding

The Defendants had no claim; no documents supported the second Defendant's assertion that the land belonged to her late brother.

Reasoning

The Defendants were given an opportunity at the Ministry of Lands in Turkana County Government to produce documents supporting their claim but produced none. The Ministry resolved that they had no claim and gave them 14 days to vacate. The first Defendant only claimed to have repaired toilets, which the court held conferred no entitlement over the land.

p. 2

Legal principles established

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  • A party asserting a claim to land must produce documents supporting that claim; repairs made to structures do not confer an ownership claim.
  • Making repairs to premises does not entitle a person to a claim over the land.

Court orders

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  1. 1.A declaration that the Plaintiff is the rightful owner of Plot No. 11 at Lodwar Town in Turkana County together with all the improvements thereon
  2. 2.An order of eviction against the Defendants, their agents, servants, employees and or any other person claiming through them from Plot No 11 at Lodwar Town within Turkana County
  3. 3.The Defendants to jointly and severally pay costs of the suit to the Plaintiff
Jurisdiction invoked
Original jurisdiction of the Environment and Land Court over land disputes

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, "Abdirizak Abdullahi Alin v Simon Choper & another [2017] KEELC 1997 (KLR)", Case Analysis (2016). Land Case No 148 of 2014. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/1997/eng@2017-05-09

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