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ELCPartially AllowedELC No. 275 of 2016· [2019] KEELC 4453 (KLR)

Geoffrey Manyara Wanguhu Githiomi & another (Suing as the Legal Representative of the Estate of Davis Kamau Wanguhu (Deceased) v Badih Mike Sioyi & 2 others [2019] KEELC 4453 (KLR)

Environment and Land Court of Kenya
19 February 2019
MSMunyao Sila
445 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Nakuru County must pay Kshs. 4 million after promising a man land and giving his title to someone else.

What this practically means

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Executive summary

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This is an addendum to the judgment of 13 June 2018 in a suit in which the plaintiffs, as legal representatives of the estate of the deceased Davis Kamau Wanguhu, claimed ownership of land parcel Nakuru Municipality Block 15/314, a leasehold title. The plaintiffs contended that the deceased was entitled to the lease, but a leasehold title was instead prepared in the name of the 1st defendant, who transferred it to the 2nd defendant. In the original judgment the court held that there was no material to impeach the 2nd defendant's title, but found that the predecessor of the 3rd defendant led the deceased to believe he had been allotted the suit land and would receive title, prompting the deceased to pay the stand premium and other fees. The deceased was held to have had a legitimate expectation of being issued a leasehold title, and judgment was entered for the plaintiffs on their alternative prayer for compensation against the 3rd defendant. Because the value of the land was not before the court at the time, valuation by the Government valuer was directed. The valuer's report dated 16 July 2018 assessed the current value at Kshs. 4,000,000/=. The court accordingly made specific the earlier judgment, entering judgment for the plaintiffs against the 3rd defendant for Kshs. 4,000,000/=, with interest from 13 June 2018, and confirmed costs against the 3rd defendant as previously ordered.

Key legal issues

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01

Quantification of compensation for breach of legitimate expectation

Holding

Compensation fixed at Kshs. 4,000,000/=, the current value assessed by the Government valuer, with interest from the date of the original judgment.

Reasoning

Having earlier held that the deceased held a legitimate expectation to be issued a leasehold title and entered judgment for compensation against the 3rd defendant, the court lacked the value at the time of judgment and directed valuation. The Government valuer's report dated 16 July 2018 assessed the current value at Kshs. 4,000,000/=, which the court adopted as the measure of compensation, plus interest and costs against the 3rd defendant.

p. 1

Legal principles established

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  • Where a land allotting authority leads a person to believe they have been allotted land and accepts payment of stand premium and fees, it is liable to compensate that person for the value of the land when title is instead issued to another.

Court orders

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  1. 1.Judgment entered in favour of the plaintiffs as against the 3rd defendant for Kshs. 4,000,000/=, being the value of the suit land
  2. 2.The amount to attract interest from 13 June 2018, the date judgment was pronounced
  3. 3.Costs awarded to the plaintiffs as against the 3rd defendant as ordered in the judgment of 13 June 2018
Jurisdiction invoked
Environment and Land Court jurisdiction under the Environment and Land Court Act over ownership of land parcel Nakuru Municipality Block 15/314 (not expressly cited in the addendum)

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, "Geoffrey Manyara Wanguhu Githiomi & another (Suing as the Legal Representative of the Estate of Davis Kamau Wanguhu (Deceased) v Badih Mike Sioyi & 2 others [2019] KEELC 4453 (KLR)", Case Analysis (2019). ELC No. 275 of 2016. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/4453/eng@2019-02-19

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