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ELCDismissedELC Case No. 11 of 2017· [2018] KEELC 1308 (KLR)

Francis Odhiambo Odanga v Isabella Makokha Akwanalo [2018] KEELC 1308 (KLR)

Environment and Land Court
24 October 2018
NMN.A. Matheka
942 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 refused to evict a woman from land her partner bought, because he hid their relationship and she helped pay for it.

What this practically means

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Executive summary

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The plaintiff sued the defendant before the Environment and Land Court at Kakamega seeking a permanent injunction restraining her from interfering with a plot proposed as LR. South Wanga/Ekero/5231 (subdivided from South Wanga/Ekero/4256), an order of eviction, removal of a caution and restriction dated 1/12/2016 lodged by the defendant, and costs. The plaintiff's case was that he bought the plot from Hamisi Shikuku Muchelule under a land sale agreement dated 22nd November 2012, and that the defendant, allegedly a business partner who stood in as buyer because he lacked his ID, later trespassed and lodged the caution claiming a purchaser's interest. The defendant denied being merely a business partner, asserting she was the plaintiff's wife with whom he lived for four years; that they jointly agreed to purchase the property and constructed a semi-permanent house on it as matrimonial home; and that she paid Kshs. 260,000 of the purchase price, leaving a Kshs. 70,000 balance subsequently cleared. She claimed a purchaser's and beneficial interest and quiet possession. Assessing the evidence and demeanour, the court disbelieved the plaintiff's account of the relationship, relying on a chief's letter confirming the parties were husband and wife and that the defendant resided in a house on the suit land. The court found the parties were a couple and the defendant had beneficial interest in the land. Holding that the plaintiff approached the court with unclean hands and was guilty of material non-disclosure and deceit, the court denied him equitable relief, found he had failed to prove his case on a balance of probabilities, and dismissed the suit with costs on 24th October 2018.

Key legal issues

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01

Whether the defendant holds a beneficial interest in the suit property

Holding

The court found the parties were a couple and the defendant contributed, giving her a beneficial interest in the suit land.

Reasoning

The court disbelieved the plaintiff's claim that the defendant was merely a business partner, relying on the chief's letter confirming they were husband and wife, her occupation of a semi-permanent house on the land, and the improbability of allowing a mere business partner to occupy the land. On the plaintiff's demeanour, the court concluded the parties were a couple and the defendant had beneficial interest.

p. 2
02

Whether the plaintiff was entitled to equitable remedies of injunction and eviction

Holding

Equitable remedies refused because the plaintiff came to court with unclean hands, material non-disclosure and deceit.

Reasoning

The court found the plaintiff untrue about his relationship with the defendant and guilty of material non-disclosure and deceit. Under the clean-hands doctrine, a litigant who is not candid cannot obtain equitable relief. The plaintiff also failed to discharge the burden of proof on a balance of probabilities, so the suit was dismissed in its entirety with costs.

p. 2

Legal principles established

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  • A party seeking equitable remedies must approach the court with clean hands and make full disclosure; material non-disclosure and deceit disentitle the litigant.
  • A claimant in a civil suit must prove his case on a balance of probabilities.

Court orders

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  1. 1.The plaintiff's suit is dismissed with costs to the defendant
Jurisdiction invoked
Environment and Land Court jurisdiction under the Environment and Land Court Act (not expressly cited in the 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, "Francis Odhiambo Odanga v Isabella Makokha Akwanalo [2018] KEELC 1308 (KLR)", Case Analysis (2018). ELC Case No. 11 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/1308/eng@2018-10-24

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