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ELCOtherNot stated in the judgment as provided· [2017] KEELC 2412 (KLR)

Abdirahman Adan Mohamed & 3 others v Jeremiah Mulu & 6 others [2017] KEELC 2412 (KLR)

Environment and Land Court
16 June 2017
976 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

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A Kenyan land court froze all activity on disputed land, holding that neither a title document nor allotment letters alone prove ownership at an early stage.

What this practically means

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Executive summary

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This is a ruling of the Environment and Land Court at Machakos (O. A. Angote, J) delivered on 16th June 2017 on the Plaintiffs' amended Notice of Motion dated 28th November 2016. The Plaintiffs sought a temporary/interim injunction restraining the Defendants from selling, transferring, charging, entering, trespassing on or erecting structures on L.R No. 27793, service of the order on the OCPD Athi River, preservation of the status quo as at the commencement of proceedings, and costs. The Plaintiffs deponed that the 1st Plaintiff bought the land in 2008 from Samwel Kimondo Theuri, becoming registered as tenants in common, but that in 2010 the Registrar of Titles issued Gazette Notice No. 3454 revoking their title, which notice was quashed by the court in October 2013. They accused the 1st Defendant of constructing in contempt of a court order. The 1st Defendant deponed that in 1995 the Minister of Lands allocated the land to members of the public; it was subdivided into one-acre portions and he received a letter of allotment on 23rd February 1995, paid the requisite sums, and in 2014 paid rent and began fencing. The court held that, with the Plaintiffs holding a title document and the Defendants holding letters of allotment, it could not at that stage determine the lawful owner, and that the Plaintiffs would still have to demonstrate how the land was allocated to the initial allottee. It ordered the status quo as at the date of the ruling maintained, with no further developments on the land by either party pending the hearing, and directed each party to bear its own costs.

Key legal issues

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01

Whether a temporary injunction could issue on the material before the court

Holding

The application was not granted in the terms sought; instead an order maintaining the status quo as at the date of the Ruling was issued, restraining any further development by either side

Reasoning

The court found that the Plaintiffs held a title document while the Defendants held letters of allotment and receipts of payment. On such conflicting documentary bases, the court held it could not determine ownership at the interlocutory stage. It reasoned that the Plaintiffs would in any event have to demonstrate how the land was allocated to the initial allottee before transfer to them. Given that evidential uncertainty, the court confined itself to preserving the prevailing status quo pending the full hearing, rather than granting the injunction sought.

p. 3
02

Whether the Plaintiffs' registered title was sufficient to establish ownership at the interlocutory stage

Holding

The title document alone was not sufficient; the Plaintiffs must demonstrate the allocation of the land to the initial allottee before its transfer to them

Reasoning

The court noted that the Plaintiffs' title had at one point been revoked by Gazette Notice No. 3454, which revocation was later quashed. The court therefore treated the Plaintiffs' title as something still requiring proof of its root, namely how the land was originally allocated to the first allottee before transfer through Samuel Kimondo Theuri to the Plaintiffs. This left the competing claims, rooted in a 1995 letter of allotment and payments to the Commissioner of Lands, to be resolved at the hearing.

p. 3

Legal principles established

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  • At an interlocutory stage, where one party holds a title document and the other holds letters of allotment, the court cannot determine the lawful owner of the land and should preserve the status quo pending trial
  • A plaintiff in possession of a title document must still demonstrate how the land was allocated to the initial allottee before it was transferred to them

Court orders

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  1. 1.The prevailing status quo on the date of the Ruling to be maintained, with no further developments of whatever nature or description on the suit land, including dumping or depositing of building materials by either the Plaintiffs or the Defendants, pending the hearing and determination of the suit
  2. 2.Each party to bear his own costs
Jurisdiction invoked
Not expressly stated; original jurisdiction of the Environment and Land Court over the suit land L.R No. 27793

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, "Abdirahman Adan Mohamed & 3 others v Jeremiah Mulu & 6 others [2017] KEELC 2412 (KLR)", Case Analysis (2017). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/2412/eng@2017-06-16

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