Eliud Kimotho Chabi v Sankale Ole Lankas (Environment & Land Case 661 of 2017) [2018] KEELC 3328 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the Plaintiff is the legal proprietor of the suit land
Yes; the Plaintiff is the legal proprietor as the title deed produced is prima facie evidence of ownership and the Defendant did not rebut it
PW1 produced his title deed as exhibit '1' showing he had been the registered proprietor of Kajiado/Olchoro Onyore/173 since 14th February 1985. The Defendant's Defence did not deny the Plaintiff's proprietorship and no evidence was adduced to rebut it. Relying on section 26(1) of the Land Registration Act, the court held the title was prima facie evidence of ownership and indefeasible absent fraud or misrepresentation.
Whether the Defendant encroached on the suit land
Yes; the presence of the Defendant's structures on the suit land was proof of encroachment, uncontroverted by any evidence
PW1 testified that the Defendant encroached and put up illegal structures. The District Land Registrar and District Surveyor visited the land in 2011 and concluded that illegal structures encroaching on the suit land should be removed. The Defendant did not appeal against that decision nor controvert the evidence, and the court held that the presence of the structures was itself proof of encroachment.
Whether the Defendant should be evicted from the suit land
Yes; the Plaintiff, as registered owner, is entitled to protection of the law and quiet possession
The boundary dispute had been adjudicated in 2011 by the District Land Registrar and District Surveyor, whose findings the Defendant did not appeal or controvert. Relying on section 24(a) of the Land Registration Act and the Ahmed Ibrahim Suleiman authority, the court found the Plaintiff's vested rights should not be interfered with and, the Defendant having failed to prove his claim over the suit land, eviction was warranted.
Legal principles established
#- A certificate of title is prima facie evidence that the person named as proprietor is the absolute and indefeasible owner, subject only to challenge on grounds of fraud, misrepresentation, or illegal/unprocedural acquisition
- Registration of a person as proprietor of land vests in that person absolute ownership together with all rights and privileges appurtenant thereto
Court orders
#- 1.A declaration that the Plaintiff is the absolute proprietor of land parcel number Kajiado/Olchoro Onyore/173
- 2.An eviction order against the defendant, his servants or agents, from parcel Kajiado/Olchoro Onyore/173
- 3.Costs of the suit awarded to the Plaintiff
- Jurisdiction invoked
- Environment and Land Court jurisdiction over disputes relating to land (Environment and Land Court Act); suit instituted by Plaint dated 20th June 2014
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Eliud Kimotho Chabi v Sankale Ole Lankas (Environment & Land Case 661 of 2017) [2018] KEELC 3328 (KLR)", Case Analysis (2018). ELC Case No. 661 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/3328/eng@2018-04-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.