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ELCAllowedELC. Case No. 172 of 2012· [2017] KEELC 2257 (KLR)

Addah Emmie Odera & another v James Maina Njuiri [2017] KEELC 2257 (KLR)

Environment and Land Court
10 July 2017
KBK. BOR
808 words in judgment
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The bottom line

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Kenya's Environment and Land Court confirmed that a registered title deed, proved with original documents, is enough to win eviction and demolition orders against someone building on your land.

What this practically means

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Executive summary

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The Plaintiffs, joint registered owners of L.R. No. 209/10884 in Nairobi since 9th October 1998, sued the Defendant seeking a permanent injunction, eviction and a mandatory injunction for demolition of structures he erected on the property. They discovered temporary structures and an unfinished flat on the land in 2007, and later a block of flats and rental premises. Service by advertisement in The Star of 27th August 2013 was effected after substituted service was allowed, and interlocutory judgment was entered on 18th September 2013 as the Defendant never entered appearance or filed a defence. At the formal proof hearing on 27th February 2017, the 1st Plaintiff testified, adopting her witness statement and producing the original title, a deed plan and a survey plan. Counsel for the Plaintiffs submitted that the suit was based on trespass and that ownership had been demonstrated. The court, per K. Bor J, was satisfied that the Plaintiffs were the registered owners entitled to their rights under the Registration of Titles Act (now repealed). Applying the principles in Lucy Wangui Gachara v Minudi Okemwa Lore and Nguruman Limited v Jan Bonde Nielsen, the court held that the triple requirements of a prima facie case, irreparable injury and balance of convenience were met for the grant of a permanent injunction. Judgment was accordingly entered for the Plaintiffs as prayed in the plaint, dated and delivered at Nairobi on 10th July 2017.

Key legal issues

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01

Proof of ownership of the Suit Property

Holding

The Plaintiffs proved they are the registered joint owners of the Suit Property transferred to them on 9th October 1998

Reasoning

The 1st Plaintiff testified and produced the original title, deed plan no. 151966 and survey plan No. 199/49. The court reviewed the documents and found the property was transferred to the Plaintiffs as joint owners for Kshs. 600,000, entitling them to rights under the Registration of Titles Act (now repealed).

p. 2
02

Entitlement to a permanent injunction against the Defendant

Holding

The Plaintiffs met the triple requirements for the grant of a permanent injunction

Reasoning

Relying on Lucy Wangui Gachara v Minudi Okemwa Lore and Nguruman Limited v Jan Bonde Nielsen, the court applied the prima facie case, irreparable injury and balance of convenience tests to a permanent injunction, holding the Plaintiffs had satisfied them on the evidence of ownership and the Defendant's trespass and construction on the land.

p. 2

Legal principles established

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  • The grant of an injunction, whether interlocutory or permanent, rests on the established principles including a prima facie case, irreparable injury and balance of convenience

Court orders

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  1. 1.Judgment entered for the Plaintiffs as prayed in the plaint
  2. 2.Permanent injunction restraining the Defendant or his agents from dealing with the Suit Property
  3. 3.Eviction of the Defendant from the Suit Property
  4. 4.Mandatory injunction directing the Defendant to demolish the structures erected on the Suit Property

Authorities

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Legislation

  • Registration of Titles Actnot specified (now repealed)

Cases cited (2)

  • Lucy Wangui Gachara v Minudi Okemwa Lore
    [2015] eKLR
  • Nguruman Limited v Jan Bonde Nielsen & 2 Others
    CA No. 77 of 2012
Jurisdiction invoked
Original jurisdiction of the Environment and Land Court over land disputes (Environment and Land Court Act)

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, "Addah Emmie Odera & another v James Maina Njuiri [2017] KEELC 2257 (KLR)", Case Analysis (2017). ELC. Case No. 172 of 2012. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/2257/eng@2017-07-10

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