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ELCAllowedELC No. 1513 of 2016· [2018] KEELC 4158 (KLR)

Peter Gatihuri Karingu v Stephen Gathuku Inyanjui & another [2018] KEELC 4158 (KLR)

Environment and Land Court
5 February 2018
EOE. O. Obaga
582 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 evicted a long-term occupant who couldn't prove his claim, confirming that a registered title certificate wins without solid contrary evidence.

What this practically means

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Executive summary

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The plaintiff, registered owner of LR No. Ngenda/Mutomo/T.225 (title issued 10.11.2010), sued for eviction of the first defendant and removal of a restriction lodged against the title by the Assistant County Commissioner, Ngenda Ward (second defendant) on 27.9.2016 pursuant to a letter dated 26.9.2016. The plaintiff alleged trespass and structures erected by the defendant, who refused to vacate. The defendant testified that his father purchased the property in 1964 from one Nicholas Kiminda, an Assistant Chief, and that he had lived on the quarter-acre plot since, marrying there in 1974 and practising zero grazing. He also produced documents showing he filed an originating summons in the Kiambu High Court on 30.11.2016 claiming the suit property by adverse possession, and a 1964 Kikuyu-language agreement recording a sale of an un-described plot by Nicholas Kiminda to one Kinyanjui for Kshs.450/-. The court framed two issues: whether the defendant had a right to be on the property and whether the restriction should be removed. Holding that a certificate of title is prima facie evidence of ownership, that the defendant called no evidence to substantiate his claim, and that a purchase from Nicholas Kiminda could not be asserted against the plaintiff, the court found the plaintiff had proved his case on a balance of probabilities. The court also noted it had not seen the letter grounding the restriction. Judgment was entered for the plaintiff: eviction of the first defendant, immediate removal of the restriction, and costs against the first defendant.

Key legal issues

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01

Whether the defendant established a right to remain in occupation of the plaintiff's registered land

Holding

The defendant failed to prove any right to be on the suit property; the plaintiff as registered owner proved his case and eviction was ordered.

Reasoning

The title was issued to the plaintiff in 2010 and he was the registered owner. The defendant, who claimed his father purchased the land in 1964, called no evidence to substantiate his allegations. Even if his father had bought land from Nicholas Kiminda, that could not ground a claim against the plaintiff, who was not the vendor.

p. 2
02

Whether the restriction registered at the instance of the Assistant County Commissioner should be removed

Holding

The restriction was removed because no reasons were shown for its registration.

Reasoning

The restriction was registered on 27.9.2016 via a letter dated 26.9.2016 by the Assistant County Commissioner. The court did not have the benefit of seeing that letter and no reasons for the restriction were adduced. In the absence of justification, and given the plaintiff's registered title, the restriction was ordered removed.

p. 2

Legal principles established

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  • A certificate of title is prima facie evidence of ownership of property

Court orders

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  1. 1.Judgment entered for the plaintiff against the first defendant for eviction from LR No. Ngenda/Mutomo/T.225
  2. 2.The restriction registered on LR No. Ngenda/Mutomo/T.225 to be removed forthwith
  3. 3.Costs of the suit to be borne by the first defendant
Jurisdiction invoked
Environment and Land Court jurisdiction over disputes relating to title to land (Environment and Land Court Act)

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, "Peter Gatihuri Karingu v Stephen Gathuku Inyanjui & another [2018] KEELC 4158 (KLR)", Case Analysis (2018). ELC No. 1513 of 2016. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/4158/eng@2018-02-05

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