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ELCPartially AllowedKitale ELC (plea dated 19th April 2011 - case number not stated in the judgment)· [2018] KEELC 1428 (KLR)

Jane Cherutich Maswai v Samuel Kiplagat Misoi [2018] KEELC 1428 (KLR)

Environment and Land Court
18 September 2018
MNMwangi Njoroge
672 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~3 min to read original · ~4 min brief

The bottom line

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A Kenyan court confirmed you can prove ownership of untitled subdivided farm land with an area list, survey records, a map and a title deed.

What this practically means

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Executive summary

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The plaintiff sued by plaint dated 19th April 2011 seeking a declaration that Plot No. 89, part of LR No. 6614/8 (Tulon Farm) in Cherangani, Trans-Nzoia County, solely belongs to her, and a permanent injunction restraining the defendant from interfering with her use of the plot, plus costs and interest. She pleaded that Tulon Farm was bought with money raised by many people, including her father Cherwon Kipkatam and the defendant's mother Rosa Jepkemboi Misoi, and registered in the name of Samuel Kipkoskei Maritim. Following a Cherangani Land Control Board consent of 10th March 1994, the farm was subdivided with members' consent into 89 plots, evidenced by a map, area list and survey registration list, with title deeds pending because the original title remained with the Agricultural Finance Corporation under an order in Kitale HCCC No. 4 of 2000. The area list showed the plaintiff as owner of Plot 89 and the defendant as owner of Plot 34. The defendant denied the claim and raised locus standi, but did not attend the hearing on 31st July 2018. The plaintiff testified and produced the area list, the map, and a title deed to Cherangani/Nzoia Block 5(Tulon)/89 in her name. The court found her case proved on a balance of probabilities, entered judgment for her, declared her sole proprietor of Plot 89 and issued a permanent injunction against the defendant. No costs order was expressed.

Key legal issues

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01

Whether the plaintiff proved ownership of Plot No. 89 of the subdivided Tulon Farm

Holding

Yes - the plaintiff proved her case on a balance of probabilities and was declared sole proprietor of Plot No. 89 with a permanent injunction against the defendant.

Reasoning

The plaintiff testified and produced an area list showing Plot No. 89 as hers, a map showing the subdivided plots with plots 89 and 34 far apart, and a title deed to Cherangani/Nzoia Block 5(Tulon)/89 confirming her ownership. The defendant, though served and defended the suit, did not appear at the hearing, so the claim stood uncontroverted. On that evidence the court found the claim established to the civil standard.

p. 2

Legal principles established

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  • A plaintiff's ownership of land in an un-titled subdivision scheme may be established on a balance of probabilities by production of the area list, survey registration list, subdivision map and a title deed.

Court orders

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  1. 1.Judgment entered in favour of the plaintiff against the defendant
  2. 2.Declaration that the plaintiff is the sole proprietor of all that land comprised in Cherangani/Nzoia Block 5(Tulon)/89
  3. 3.Permanent injunction restraining the defendant from interfering in any manner whatsoever with the plaintiff's user of the suit land comprised in Cherangani/Nzoia Block 5(Tulon)/89
Jurisdiction invoked
Original civil jurisdiction of the Environment and Land Court over a dispute relating to land within Trans-Nzoia County (specific statutory provision not 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, "Jane Cherutich Maswai v Samuel Kiplagat Misoi [2018] KEELC 1428 (KLR)", Case Analysis (2018). Kitale ELC (plea dated 19th April 2011 - case number not stated in the judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/1428/eng@2018-09-18

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