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ELCDismissedELC. Case No. 313 of 2008· [2018] KEELC 249 (KLR)

Edward Mburu Mungai & 3 others v Sauti Sacco Society Limited & 8 others [2018] KEELC 249 (KLR)

Environment and Land Court
6 December 2018
KBK. BOR
2,465 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A self-help group lost its land claim because it had no letter of allotment, and private land cannot simply be handed out by the county council.

What this practically means

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Executive summary

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The Plaintiffs, officials of Alfajiri Self Help Group which cares for persons affected and infected with HIV/AIDS, sued for a permanent injunction, a mandatory injunction to compel vacation of the Suit Property (Nairobi Block 82/4264 Savanna), a declaration that they were the legal and beneficial allottees, and general damages for trespass. They relied on resolutions of the City Council of Nairobi's Town Planning Committee and correspondence from the Council suggesting the property had been allocated to the Group. The 1st Defendant, Sauti Sacco Society Limited, maintained it was the registered owner since 1995, that it surrendered its title in 2007 for subdivision into Nairobi Block 82/8759 and 8760, and that the Council never owned the land. The Council's letter of 16/9/2009 confirmed that its earlier letter of 4/7/2007 was written under a mistaken belief that the land had been surrendered to it, and that it could not allocate land it did not own. The 1st Defendant also relied on the National Land Commission's determination upholding its title. The court held that the Suit Property was private land which ceased to exist upon subdivision, that the Council could not have allocated it, and that the Plaintiffs, who produced no letter of allotment, failed to prove their case. The suit was dismissed with no costs awarded against the Plaintiffs; each party to bear its own costs.

Key legal issues

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01

Whether the Plaintiffs established title or allotment of the Suit Property

Holding

No. The property was private land previously owned by Continental Developers Limited and transferred to the 1st Defendant; the City Council could not have allocated it; the Plaintiffs produced no letter of allotment and the Suit Property ceased to exist upon subdivision.

Reasoning

The court found on the abstract of title and certificates of lease that the 1st Defendant acquired the land in 1995, surrendered the title for subdivision into Nairobi Block 82/8759 and 8760, and the new titles issued to the 1st Defendant and Greenspan Investment Limited. The Council's letter of 16/9/2009 confirmed its earlier letter of 4/7/2007 was written under a mistaken belief. The NLC also upheld the 1st Defendant's title.

p. 3
02

Costs

Holding

Costs were not awarded against the Plaintiffs given the charitable nature of Alfajiri Self Help Group.

Reasoning

Although the Plaintiffs lost, the court exercised its discretion on costs having regard to the Group's objective of caring for persons affected and infected by HIV/AIDS, and declined to award costs against it. Costs were therefore not imposed on the Plaintiffs, nor awarded to any party.

p. 3

Legal principles established

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  • A party claiming allotment of land must prove its claim; the holder of a registered title who has subdivided and transferred portions of the land may rely on those titles as against an unallotted claimant.
  • Land that is privately owned cannot be allocated by a local authority; a parcel that ceases to exist upon subdivision cannot be the subject of a fresh allotment.

Court orders

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  1. 1.The suit is dismissed
  2. 2.Each party to bear its own costs; the court declines to award costs against the Self Help Group

Authorities

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Legislation

  • Government Proceedings ActSection 13A
Jurisdiction invoked
Original civil jurisdiction of the Environment and Land Court (ELC Case No. 313 of 2008 filed as a plaint)

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, "Edward Mburu Mungai & 3 others v Sauti Sacco Society Limited & 8 others [2018] KEELC 249 (KLR)", Case Analysis (2018). ELC. Case No. 313 of 2008. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/249/eng@2018-12-06

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