Alfred Akhisero Divisi v Charles Mambili [2019] KEELC 2210 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Indefeasibility of title and appurtenant rights of access
The plaintiff, as registered proprietor, proved his entitlement to the access road appurtenant to his land; the defendant's blocking of the road violated those appurtenant rights
The court applied sections 24(a) and 26(1) of the Land Registration Act, which vest absolute ownership in the registered proprietor and render the title indefeasible save for fraud, misrepresentation, illegality, unprocedural acquisition or corrupt scheme. The plaintiff's ownership was not disputed, and evidence including the Land Registrar's report confirmed the existence and blocking of the access road.
Standard of proof in civil land claims
The plaintiff proved his case on a balance of probabilities through unchallenged testimony and the Land Registrar's report
PW2 corroborated the plaintiff's testimony, and PEx 5 (the Land Registrar's report) confirmed that an access road existed but was blocked. The defendant gave no oral evidence and the evidence was unchallenged, satisfying the civil standard of proof on a balance of probabilities.
Legal principles established
#- Registration of a person as proprietor of land vests absolute ownership together with all rights and privileges appurtenant thereto
- A certificate of title is prima facie evidence of absolute and indefeasible ownership, challengeable only on fraud/misrepresentation or where acquired illegally, unprocedurally or through a corrupt scheme
Court orders
#- 1.The defendant is to open the access road to the plaintiff's land L.R. Kakamega/Virembe/255 as surveyed by the government
- 2.In default, the Land Registrar Kakamega and the District Surveyor Kakamega to visit L.R. Kakamega/Virembe/255 and L.R. Kakamega/Virembe/256, survey the same and open the access road to the plaintiff's land L.R. Kakamega/Virembe/255
- 3.Costs to the plaintiff
- Jurisdiction invoked
- Environment and Land Court jurisdiction under the Environment and Land Court Act (original jurisdiction over land disputes)
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (6)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Aura v Transnile Enterprises Limited (Cause 280 of 2019) [2023] KEELRC 2640 (KLR)[2023] KEELRC 2640 (KLR)19 Oct 2023applied
- Joan Koech & 3 others v Swissport Kenya Limited [2021] KEELRC 2166 (KLR)[2021] KEELRC 2166 (KLR)11 Feb 2021
- Andrew Khaemba v Afriscan Kenya Limited [2018] KEELRC 16 (KLR)[2018] KEELRC 16 (KLR)17 Sept 2018applied
- Premier Construction Limited v Josephat Bwire Lukale & 5 others [2017] KECA 651 (KLR)[2017] KECA 651 (KLR)24 Mar 2017applied
- Kidero & 4 others v Waititu & 4 others (Petition 18 & 20 of 2014 (Consolidated))[2014] KESC 11 (KLR)29 Aug 2014followed
- Aramat & another v Lempaka & 3 others[2014] KESC 21 (KLR)6 Aug 2014
Cite this brief
#Cite this brief
Caselaw, "Alfred Akhisero Divisi v Charles Mambili [2019] KEELC 2210 (KLR)", Case Analysis (2019). ELC Case No. 191 of 2013. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/2210/eng@2019-07-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.