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ELCDismissedE.L.C. Case No. 138 of 2009· [2018] KEELC 1961 (KLR)
City Council of Nairobi v G.C.K. Katsolleh & 2 others [2018] KEELC 1961 (KLR)
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·~3 min to read original · ~4 min briefThe bottom line
#A Nairobi land buyer lost his ownership claim because he couldn't prove which plot he was actually allocated or that the defendants' plot was his.
What this practically means
#Executive summary
#The Plaintiff sought a declaration that he is the owner of Plot No. NS-09 Umoja I Corner shop and special damages of Kshs. 400,000.00 being excavation costs incurred before being stopped by City Council of Nairobi officers. He claimed to have purchased the plot from Michael Masinde in 2001, obtaining a beacon certificate and assignment, but the plot was allegedly allocated to someone else and he was offered an alternative, smaller plot (Plot No. 50 Umoja II Zone 8) which he considered of lesser value. The 2nd and 3rd Defendants denied the claim; the 1st Defendant's witness testified that plot NS09 differed from plot CS59. The court found that the Plaintiff did not prove which plot he was allocated, did not prove from which plot he excavated soil, did not establish whether he accepted the alternative allocation or its value, and did not prove the suit plot was allocated to the 2nd and 3rd Defendants. Holding that the Plaintiff failed to prove his case on a balance of probabilities, K. Bor J dismissed the suit with costs to the Defendants on 30 August 2018.
Key legal issues
#01
Whether the Plaintiff proved entitlement to declaration of ownership and special damages
Holding
Suit dismissed; Plaintiff failed to prove his case on a balance of probabilities
Reasoning
The court found the Plaintiff did not prove which plot he was allocated by the 1st Defendant, did not prove from which plot he excavated soil, did not lead evidence on the value of the alternative plot, and did not prove that the suit plot was allocated to the 2nd and 3rd Defendants. Without this proof, the reliefs could not issue.
p. 2
Legal principles established
#- A plaintiff must prove his case on a balance of probabilities to obtain the reliefs sought
Court orders
#- 1.The suit is dismissed with costs to the Defendants
- Jurisdiction invoked
- Environment and Land Court, original jurisdiction over land disputes
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "City Council of Nairobi v G.C.K. Katsolleh & 2 others [2018] KEELC 1961 (KLR)", Case Analysis (2018). E.L.C. Case No. 138 of 2009. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/1961/eng@2018-08-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.