Violet Ingado Kimanani v Francis Kivati Kadasira [2018] KEELC 3185 (KLR)
The bottom line
#The court confirmed that a registered landowner with a clean title can evict someone who cannot prove they paid for their portion.
What this practically means
#Executive summary
#Key legal issues
#Validity of the Plaintiff's registration as proprietor of Tiriki/Tigoi/1286
The Plaintiff is the legally registered proprietor; registration was procedurally done and no fraud, misrepresentation or collusion was proved.
The Land Registrar (PW3) confirmed the parcel was transferred to the Plaintiff on 27 November 2001 by the then registered proprietor Benjamin Okobo Mambo. The Defendant alleged the transfer was fraudulent but adduced no evidence of fraud, misrepresentation or collusion by the Plaintiff or the Land Registry. Absent such proof, the Court declared the Plaintiff the lawful registered proprietor.
Whether the Defendant's late father purchased a portion of the suit land and whether the Defendant is entitled to it
The Defendant failed to prove a completed sale of a portion by his late father; he is not entitled to any portion and may only pursue a refund from the vendor's estate.
Although the Defendant alleged a 1997 sale agreement between his late father and Benjamin Okobo Mambo, there was no evidence of payment of the full purchase price, possession, or Land Control Board consent under Sections 6 and 8 of the Land Control Act. The Court accepted that the Defendant took possession only after Benjamin's death in 2009, and that the appropriate remedy is a refund claim against the vendor's estate.
Whether the Defendant should be evicted from the suit land
The Defendant is unlawfully in occupation and the Plaintiff, as absolute owner, is entitled to vacant possession through the ordered process.
Having declared the Plaintiff the indefeasible registered proprietor under Section 26 of the Land Registration Act, the Court found the Defendant's occupation of a portion of the suit land unlawful. The Court directed boundary confirmation by the Land Registrar and Surveyor, followed by vacant possession within 90 days, with eviction in default.
Legal principles established
#- A registered proprietor is taken as absolute and indefeasible owner of land under Section 26 of the Land Registration Act, absent proof of fraud, misrepresentation or collusion.
Court orders
#- 1.The Land Registrar and Surveyor Vihiga to visit Land Parcel Tiriki/Tigoi/1286 and confirm its ground boundaries and point them out to the parties.
- 2.Upon boundaries being confirmed and pointed out, the defendant to give vacant possession of any portion of the suit land under his possession within 90 days, and in default an eviction order to issue.
- 3.The Defendant to pay the Plaintiff's costs of the suit and counterclaim.
- Jurisdiction invoked
- Original civil jurisdiction of the Environment and Land Court over land title and occupation
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Violet Ingado Kimanani v Francis Kivati Kadasira [2018] KEELC 3185 (KLR)", Case Analysis (2018). Not stated in judgment (suit over Land Parcel Tiriki/Tigoi/1286). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/3185/eng@2018-05-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.