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ELCPartially AllowedSuit dated 3/8/2018 (Kitale ELC)· [2019] KEELC 1367 (KLR)

Samuel Lotiywo Murio v Daniel Tikoro & 2 others [2019] KEELC 1367 (KLR)

Environment and Land Court
3 October 2019
MNMwangi Njoroge
852 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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What this practically means

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Executive summary

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The plaintiff, a member of Kongelai Group Ranch, sued three defendants jointly and severally seeking a declaration that he is the sole legal owner of Plot No. 151 in the group ranch, an order for vacant possession or eviction, a permanent injunction, costs and interest. He pleaded that the group ranch land, West Pokot/Kongelai/1, had been subdivided among members, that his plot No. 151 measures over 200 acres, and that in about 2010 the defendants invaded and remained in occupation despite undertaking on 12/5/2013 to vacate by 30/10/2013. He alleged the defendants had wasted the land, burned bricks and sold parts to third parties, and that the group ranch committee, local administration and police had each found their occupation illegal. The defendants were served on 8/8/2018 but never entered appearance or filed a defence, as shown by an affidavit of service. The suit proceeded to formal proof on 16/9/2019, at which the plaintiff testified and produced a letter of allocation dated 17/9/1988, correspondence to the police and the District Land Adjudication Office, minutes of a meeting of 7/5/2013, a purported undertaking to vacate, and demand letters from Chebii Cherop & Co. Advocates with a reminder. The court found the plaintiff's uncontroverted evidence sufficient, held that the defendants had illegally occupied the plot, and entered judgment for the plaintiff, declaring him owner of Plot No. 151 and the defendants trespassers, ordering them to vacate or face eviction, issuing a permanent injunction, and awarding the plaintiff costs. The judgment was delivered at Kitale on 3 October 2019 by Mwangi Njoroge J.

Key legal issues

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01

Ownership of Plot No. 151 Kongelai Group Ranch

Holding

The plaintiff, as an allocated member of the group ranch holding a letter of allocation, was declared owner of Plot No. 151

Reasoning

The plaintiff testified at formal proof and produced a letter of allocation dated 17/9/1988 bearing the names of seven committee members and the stamp of the Kongelai Group Ranch. He further produced correspondence with police and land adjudication offices, minutes of a baraza meeting and a purported undertaking by the 1st defendant to vacate. The defendants never entered appearance or filed a defence despite service, so the evidence stood uncontroverted.

p. 1
02

Trespass and entitlement to eviction and injunction

Holding

The defendants, having occupied the plot from about 2010 without justification, were declared trespassers and ordered to vacate, failing which eviction would issue, with a permanent injunction restraining further trespass

Reasoning

The plaintiff pleaded and testified that the defendants invaded his plot in about 2010, undertook on 12/5/2013 to give vacant possession by 30/10/2013 but failed to do so, and had damaged the land and sold parts to third parties. The dispute had been heard by the group ranch committee, local administration and police, each finding the occupation illegal. The court accepted this evidence as unrebuted.

p. 2

Legal principles established

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  • In an undefended suit proceeding to formal proof, the plaintiff's uncontroverted evidence, if credible and supported by documents, is sufficient to establish the claim

Court orders

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  1. 1.A declaration that the plaintiff is the owner of Plot No. 151 in Kongelai Group Ranch
  2. 2.A declaration that the defendants are trespassers on Plot No. 151 in Kongelai Group Ranch
  3. 3.An order that the defendants shall vacate the land comprised in Plot No. 151 Kongelai Group Ranch and failing which they be evicted
  4. 4.An order of permanent injunction restraining the defendants from trespassing upon Plot No. 151 in Kongelai Group Ranch
  5. 5.The defendants shall bear the costs of this suit
Jurisdiction invoked
Original jurisdiction under Article 162(2)(b) of the Constitution (Environment and Land Court) - not expressly stated in the judgment

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, "Samuel Lotiywo Murio v Daniel Tikoro & 2 others [2019] KEELC 1367 (KLR)", Case Analysis (2019). Suit dated 3/8/2018 (Kitale ELC). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/1367/eng@2019-10-03

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