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ELCStruck OutApplication dated 21/6/2016 in suit filed 21/5/2014· [2017] KEELC 3480 (KLR)

Benjamin Kangogo Ramond v Samuel Kiprotich [2017] KEELC 3480 (KLR)

Environment and Land Court
27 February 2017
MNMwangi Njoroge
759 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A Kenyan court dismissed a landowner's trespass suit because the succession grant and title behind his claim had been revoked, ending his legal capacity to sue.

What this practically means

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Executive summary

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The defendant applied by notice dated 21/6/2016 to strike out or dismiss the plaintiff's suit, arguing that the plaintiff was not the registered owner of LR Kitale Municipality Block 15/Koitogos/1363 and lacked capacity to sue because the Grant and Certificate of Confirmation under which he obtained title had been revoked and his Title Deed cancelled. The application was unopposed. The suit, filed on 21/5/2014, sought a declaration of ownership, an order that the defendant was a trespasser wrongfully in occupation, vacant possession or eviction, and a permanent injunction. The defendant's defence asserted that the land belonged to his deceased father, that the plaintiff had forged documents to register himself, and that a succession cause, Kitale High Court P&A Cause No. 210 of 2012, had been concealed from the court. The court examined the succession proceedings, which showed the parties, including the plaintiff, had consented to revocation of the Grant, and that the Title issued in the plaintiff's name was cancelled on 10/11/2015, restoring the registration to its original position. Holding that the Grant dated 10th October 2013 was the sole source of the plaintiff's title, the court found that upon its revocation the plaintiff's locus standi ceased. Allowing the application, the court dismissed the suit with costs to the defendant.

Key legal issues

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01

Whether the plaintiff had locus standi to prosecute the trespass suit

Holding

The plaintiff had no capacity to maintain the suit because the Grant conferring title on him and the Title in his name were revoked and cancelled by the High Court in the succession cause

Reasoning

The plaintiff's title derived solely from the Grant of Letters of Administration dated 10th October 2013. In Kitale P&A Cause No. 210 of 2012 the parties, including the plaintiff, consented to revocation of the Grant, and the Title issued in the plaintiff's name for the suit parcel was cancelled on 10/11/2015, reverting registration to its original state. Without the Grant there was no title in the plaintiff's name, so he could not claim ownership or sue in trespass. The application was unopposed.

p. 2

Legal principles established

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  • A party whose Grant of Letters of Administration and resulting title have been revoked by a court loses locus standi to maintain land proceedings founded on that title

Court orders

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  1. 1.The application dated 21/6/2016 filed by the defendant is allowed
  2. 2.The plaintiff's suit is dismissed with costs to the defendant
Jurisdiction invoked
Original jurisdiction over the land dispute; application to strike out under the court's inherent/civil procedure powers (not expressly stated in judgment)

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, "Benjamin Kangogo Ramond v Samuel Kiprotich [2017] KEELC 3480 (KLR)", Case Analysis (2017). Application dated 21/6/2016 in suit filed 21/5/2014. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/3480/eng@2017-02-27

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