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ELCAllowedNakuru/Sururu/843 suit (plaint filed 23 April 2018)· [2019] KEELC 1525 (KLR)

Dishon Nyutu Muiru v Wesley Cheruiyot Rugut [2019] KEELC 1525 (KLR)

Environment & Land Court
1 October 2019
MSMunyao Sila
768 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Environment & Land Court confirmed that a registered title holder has absolute ownership and evicted an occupant who never defended the claim.

What this practically means

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Executive summary

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The plaintiff commenced this suit by plaint filed on 23 April 2018 seeking a declaration that he is the legal owner of land parcel Nakuru/Sururu/843 (6 Ha in Mauche Settlement Scheme), a permanent injunction against the defendant, an order of eviction, and costs. He pleaded he was registered on 16 July 1997, leased the farm to the defendant in 2003, and that from 2005 the defendant began claiming ownership, including lodging a claim before the Land Disputes Tribunal at Mauche which on 6 May 2005 awarded the land to the defendant - an award quashed in Nakuru High Court Miscellaneous Application No. 632 of 2006. Despite this, the defendant continued using the land. The defendant's advocates ceased acting before a defence was filed; the suit proceeded undefended, with the defendant absent and duly served. In evidence the plaintiff reiterated his pleadings and produced the tribunal award, the quashing High Court decision, a copy of the title deed, and the green card. The court found the pleadings and evidence uncontroverted, that the plaintiff was registered as proprietor on 16 July 1997, and that nothing before the court would vitiate his title or demonstrate any right of the defendant to be on the land. Relying on Section 24 of the Land Registration Act, 2012, the court declared that the plaintiff holds title to the suit land, ordered the defendant to give vacant possession within 30 days of service failing which he would be forcibly evicted, permanently restrained the defendant from entering or interfering with the plaintiff's possession upon eviction, and ordered the defendant to bear the costs of the case. Judgment was delivered at Nakuru on 1 October 2019.

Key legal issues

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01

Rights of a registered proprietor under Section 24 of the Land Registration Act, 2012

Holding

The registered proprietor is vested with absolute ownership and the right to exclusive use and possession of the land; in an undefended suit with no evidence to vitiate the title, the plaintiff was entitled to the orders sought.

Reasoning

The plaintiff produced a copy of the title deed and the green card showing registration as proprietor on 16 July 1997. The suit was undefended: no defence was filed and the defendant did not appear despite due service. The evidence was therefore uncontroverted, and nothing before the court could vitiate the title or demonstrate any right of the defendant to remain on the land.

p. 1

Legal principles established

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  • Registration of a person as proprietor of land vests in that person absolute ownership of the land together with all rights and privileges appurtenant thereto

Court orders

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  1. 1.Declaration that the plaintiff has title to land parcel Nakuru/Sururu/843
  2. 2.Defendant to give vacant possession within 30 days of being served with judgment and/or decree, and in default to be forcibly evicted
  3. 3.Permanent restraint on the defendant from entering, being upon, utilising or interfering with the plaintiff's possession of the suit land upon eviction
  4. 4.Defendant to bear the costs of the case

Authorities

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Legislation

  • Land Registration ActSection 24
Jurisdiction invoked
Environment and Land Court jurisdiction over title to land (Land Registration Act, 2012, Section 24 applied)

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, "Dishon Nyutu Muiru v Wesley Cheruiyot Rugut [2019] KEELC 1525 (KLR)", Case Analysis (2019). Nakuru/Sururu/843 suit (plaint filed 23 April 2018). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/1525/eng@2019-10-01

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