Intime Investments Limited v Nairobi City Council & 7 others [2017] KEELC 3840 (KLR)
The bottom line
#The Environment and Land Court confirmed a company's land title, ordered intruders permanently off the property, and awarded the owner Kshs 2.5 million in damages.
What this practically means
#Executive summary
#Key legal issues
#Whether the plaintiff is the rightful owner of the suit property
Yes - the plaintiff's certificate of title under the repealed Registration of Titles Act conferred indefeasible rights upon registration, and no evidence challenged its legality.
The court invoked Article 40 of the Constitution and Section 26 of the Land Registration Act, holding that the plaintiff's rights crystallized upon registration on 28/5/2014. The 1st defendant pleaded irregular allocation and public land but failed to adduce any evidence; an adverse inference was drawn from its failure to produce documents it possessed, following the Kepha Maabe authority.
Whether the prayer for permanent injunction is merited
Yes - as absolute and indefeasible owner, the plaintiff was entitled to an injunction protecting its constitutional property rights against the 1st to 7th defendants.
Having established ownership, the court held it incumbent to give orders ensuring the plaintiff's Article 40 rights are observed, protected and respected, making a permanent injunction the appropriate remedy against the invading and trespassing defendants.
Whether the plaintiff is entitled to damages
Yes - general damages of Kshs. 2,500,000 against the 1st to 7th defendants jointly and severally for the wanton invasion and destruction, with interest at court rates; the 8th defendant was not condemned to pay damages.
Photographic evidence depicted the viciousness of the invasion masterminded by the 1st defendant. Despite claiming the land was public, the 1st defendant shied off from adducing evidence. Relying on comparative awards of Kshs. 3,000,000 and Kshs. 2,000,000, the court found the claimed Kshs. 2,500,000 reasonable. The 8th defendant's lackluster conduct was criticized but no evidence showed participation.
Legal principles established
#- A certificate of title is prima facie evidence that the named proprietor is the absolute and indefeasible owner, challengeable only on proof of fraud, misrepresentation or illegal, unprocedural or corrupt acquisition.
- Rights of proprietorship crystallize upon registration, and failure to adduce evidence permits an adverse presumption against the party withholding documents.
- It is a fundamental duty of the state and every state organ to observe, respect, protect, promote and fulfill the rights and fundamental freedoms in the Bill of Rights.
Court orders
#- 1.A declaration that the Plaintiff is the lawful and registered proprietor of the Property known as L.R No. 209/2252/6 and that the said parcel of land is private property.
- 2.A permanent injunction restraining the 1st to 7th Defendants, their agents, servants and/or employees from entering, remaining upon, trespassing, disposing, alienating, encumbering, charging, interfering, transferring or in any way dealing with L.R No. 209/2252/6.
- 3.An order directing the Officer Commanding Station, Parklands Police Station to assist the Plaintiff in enforcement of the injunction.
- 4.General damages of Kshs. 2,500,000 awarded against the 1st to 7th defendants jointly and severally.
- 5.Costs of the suit awarded to the plaintiff as against all the defendants.
- 6.Interest at court rates on the award of damages as against the 1st to 7th defendants.
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court over land and property in land; rights under Article 40 of the Constitution of Kenya, 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Intime Investments Limited v Nairobi City Council & 7 others [2017] KEELC 3840 (KLR)", Case Analysis (2017). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/3840/eng@2017-11-03
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.