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ELCDismissedBungoma ELC (unnumbered in judgment; filed 5/11/2015)· [2018] KEELC 4314 (KLR)

Francis Nabui v Justus Wanjala & 2 others [2018] KEELC 4314 (KLR)

Environment and Land Court
21 February 2018
SMS. Mukunya
1,035 words in judgment
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The bottom line

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A Kenyan court dismissed a son's land claim against his brothers, finding the family land was subdivided during the father's lifetime and the plaintiff's repeated suits were vexatious.

What this practically means

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Executive summary

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The plaintiff sued his brothers (the defendants) claiming that their late father, Nabui Masai, had distributed land parcel West Sang'alo/East Bukusu/473 among his eight sons in 1984, and that the defendants had conducted a secret succession and allocated themselves more land, leaving the plaintiff apprehensive of eviction. He sought quiet enjoyment of his share and revocation of the subdivision. The defendants denied the claim, asserting the distribution occurred in 1988, and gave uncontroverted evidence that the plaintiff had stolen his father's title deed, faked an identity card in his father's name, and borrowed Kshs.100,000/= from Kenya Commercial Bank. After the fraud was discovered, the plaintiff apologised and agreed that his share of the subdivision, his Peugeot vehicle, seven acres of sugarcane and household goods be sold to repay the loan of Kshs.105,000/=. The court found the original parcel no longer existed, having been closed on subdivision, with resultant parcels given to all eight sons including the plaintiff. The court also noted the plaintiff's history of litigation over the same entitlement: Bungoma ELC No. 126 of 2010 (withdrawn) and Bungoma ELC No. 61 of 2013 (dismissed with costs on 10/3/2017). Holding the suit meritless and describing the plaintiff as a fishing expeditionary and vexatious litigant, the court dismissed the suit with costs and interests to the defendants. Judgment was delivered at Bungoma on 21st February 2018 by S. Mukunya, Judge.

Key legal issues

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01

Whether the plaintiff made out a case against the defendants

Holding

The plaintiff failed; his suit was without merit and dismissed with costs

Reasoning

The defendants' uncontroverted evidence showed the original parcel was subdivided among the eight sons during the father's lifetime, not through succession. The plaintiff had stolen the title, faked an identity card, borrowed money, and agreed to his share and assets being sold to repay the loan. He had also filed prior suits over the same entitlement, one withdrawn and one dismissed.

p. 2
02

Whether the subdivision of West Sang'alo/East Bukusu/473 should be revoked

Holding

No; the land was subdivided and transferred during the registered owner's lifetime and was never subject to a succession cause

Reasoning

The plaintiff alleged a secret 1984 succession, but the court found the father was then the registered owner and distributed the land to his eight sons directly. The resultant parcels, including the plaintiff's own share, were duly allocated, so there was no irregular succession to revoke.

p. 2

Legal principles established

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  • A litigant who repeatedly files suits over the same entitlement may be condemned as vexatious and his suit dismissed

Court orders

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  1. 1.Suit dismissed with costs and interests to the defendants
Jurisdiction invoked
Original jurisdiction of the Environment and Land Court over land disputes

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, "Francis Nabui v Justus Wanjala & 2 others [2018] KEELC 4314 (KLR)", Case Analysis (2018). Bungoma ELC (unnumbered in judgment; filed 5/11/2015). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/4314/eng@2018-02-21

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