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ELCDismissedNot stated in the judgment as provided· [2018] KEELC 836 (KLR)

Edward Kamau Muchoki & another v County Executive Officer, Ministry of Roads Housing & Public Works & another [2018] KEELC 836 (KLR)

Environment and Land Court
31 October 2018
JKJ G Kemei
1,291 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~5 min to read original · ~4 min brief

The bottom line

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What this practically means

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Executive summary

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The Plaintiffs sued the 1st and 2nd Defendants claiming that a contractor engaged during the construction of the GwaKarweini, Kwa Ngururi Sabasaba River access road illegally demolished their houses on suit land Loc. 6/Kandani/204, occasioning loss of Kshs. 575,000/=. They sought compensation, costs and interest. The Defendants denied trespass and demolition, contending any removed structure stood on land reserved for the public access road. The hearing proceeded exparte after the Defendants and their counsel absented themselves; the 1st Plaintiff testified, relying on his witness statement, and reported the incident to Muthithi Police Station. The court framed four issues: ownership of the suit land, whether the Defendants demolished the houses, entitlement to damages, and costs. Applying Sections 24(a) and 26 of the Land Registration Act, it found the Plaintiffs produced neither title deed nor official search to establish ownership. On the demolition, the annexed photographs were not produced or authenticated, no construction report, contract document or correspondence linked the Defendants, the MCA or the unnamed contractor to the works, and the responsible party could not be identified. On quantum, following David Bagine v Martin Bundi and Bonhan Carter v Hyde Park Hotel, the court held the Plaintiffs bore the burden of proving damages and no valuation or assessment report was availed. The suit was dismissed as baseless with costs to the Defendants.

Key legal issues

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01

Ownership of the suit land

Holding

The Plaintiffs failed to prove ownership; no title deed or official search was produced, so the court could not find they were the legal owners

Reasoning

Although the Plaintiffs pleaded family land registered in the name of the 2nd Plaintiff's father, no title deed or official search was produced. The Defendants denied ownership and suggested any removed structure stood on a public access road. Under Sections 24(a) and 26 of the Land Registration Act, ownership vests in the registered proprietor, and the Plaintiffs bore the burden of establishing that they held title.

p. 2
02

Whether the Defendants demolished the Plaintiffs' houses

Holding

No evidence proved the demolition or the Defendants' involvement; pictures were not produced or authenticated and no contract document linked the Defendants or contractor to the works

Reasoning

The photographs annexed were not produced in court to authenticate them; no report on the road construction, dimensions or specifications was tabled, and the contractor was never named. There was no contract document or correspondence linking the Defendants, the MCA and the contractor, making it impossible to determine responsibility for any demolition.

p. 2
03

Entitlement to damages

Holding

Damages not proved; no valuation or assessment report supported the claim of Kshs. 575,000/=

Reasoning

Relying on David Bagine v Martin Bundi and Bonhan Carter v Hyde Park Hotel, the court held that a plaintiff claiming damages must prove them; it is insufficient merely to particularise the loss. No valuation or assessment report was availed, so the court could not assess any loss and dismissed the suit as baseless.

p. 2

Legal principles established

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  • Registration of a person as proprietor of land vests absolute ownership in that person
  • A plaintiff claiming damages bears the burden of proving the loss suffered; particulars alone are insufficient

Court orders

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  1. 1.The Plaintiffs' suit is dismissed
  2. 2.The Defendants are awarded costs of the suit

Authorities

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Legislation

  • Land Registration ActSection 24(a)
  • Land Registration ActSections 26(1) & (2)
  • Evidence ActSection 106

Cases cited (2)

  • David Bagine V Martin Bundi
    CA No. (Nrbi) 283/1996
  • Bonhan Carter vs. Hyde Park Hotel Limited
    [1948] 64 TLR 177
Jurisdiction invoked
Original civil jurisdiction of the Environment and Land Court over claims concerning land (suit land Loc. 6/Kandani/204); no specific constitutional provision cited

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (1)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Edward Kamau Muchoki & another v County Executive Officer, Ministry of Roads Housing & Public Works & another [2018] KEELC 836 (KLR)", Case Analysis (2018). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/836/eng@2018-10-31

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