Sono & 5 others (Suing on their own behalf and on behalf of Ol Jorai Community Members) v Lands Limited & 2 others (Civil Case 87 of 2007 & Environment and Land Case 89 of 2013 (Consolidated)) [2019] KEELC 5020 (KLR)
The bottom line
#The Environment and Land Court dismissed two community claims over a Naivasha farm, ruling their titles fraudulent and confirming Solai Ruyobei Farm as the rightful owner.
What this practically means
#Executive summary
#Key legal issues
#Validity of the sub-plot titles and RIMs claimed by the Ole Osono Group
The sub-plot titles Kiambogo/Kiambogo Block 3/1-3320 and the associated RIMs are fraudulent and null ab initio since the alleged parent parcels did not exist and the mother title was never surrendered
The mother title LR No. 20229/1 was in court custody and never surrendered; LR Nos. 9581 and 10242 had ceased to exist by the 1990s; the surveyor and Land Registrar could not link the sub-plots to any valid survey or conversion; hence the titles and RIMs were forged and hold no proprietary interest.
Adverse possession against land formerly held by a state corporation (ADC)
Time for adverse possession could only run from 8 December 1995 when ADC's title passed to Solai Ruyobei; the suit filed on 9 May 2007 came before 12 years had lapsed, so the claim fails
ADC is a state corporation under the Agricultural Development Corporation Act, Cap 444, and time cannot run in favour of an occupant while the land is held by the Government or a state corporation. Even occupation after 1995 was contested and under litigation, so it was not quiet possession.
Whether the Ms. Munka Group's claim was a proper representative suit
It was not: the purported Ol Jorai Community of 6,800 members was unidentified and unregistered, no advertisement or authority to sue was tendered, and the court could not tell who would benefit
Order 1 Rule 8 requires notice by personal service or public advertisement before suing for a numerous group; Order 4 Rule 1(3) requires written authority. Neither was complied with. The list filed referenced Tasaru Ol Jorai Company Limited, a separate entity with no demonstrated connection. The suit could therefore only be treated as one by the five named applicants.
Proof of adverse possession by the five named applicants
Not proved: no evidence of parents' employment by ADC, no evidence of when animus possidendi developed, and no particulars of occupation or developments by any of the five
Ms. Munka could not identify her parents or those of the other applicants, tender no employment records, and gave no evidence of when she built, what acreage she occupies, or what she does on the land. Possession alone is insufficient; the elements of adverse possession must be proved.
Ownership of LR No. 20229/1
The land is lawfully owned by Solai Ruyobei Farm Limited, which purchased it from Lands Limited for Kshs. 24,000,000 and was registered on 8 December 1995
The evidence of DW-1, DW-2 and DW-3 established ADC's ownership through Lands Limited, the sale and transfer of LR No. 20229/1 to Solai Ruyobei with Land Control Board consent, and issuance of title on 8 December 1995. The Ole Osono Group's allegation of fraud against Solai Ruyobei's title was baseless.
Legal principles established
#- Time for adverse possession does not run while land is registered in the name of the Government or a state corporation; it runs only from when title passes to a private party
- Elements of adverse possession: open, peaceful, quiet, continuous, uninterrupted possession for 12 years with animus possidendi
- A representative suit under Order 1 Rule 8 requires identification of the persons represented and notice by personal service or public advertisement; otherwise the court cannot tell who benefits
- A suit filed on behalf of others without their written authority cannot be treated as a representative suit
Court orders
#- 1.Declaration that LR No. 20229/1 has never been lawfully subdivided, remains intact, and title remains registered in the name of Solai Ruyobei Farm Limited
- 2.Declaration that titles Kiambogo/Kiambogo Block 3/1-3320 (Ol Jorai Company Limited) or (Ol Jorai Farm) are fraudulent titles and null and void ab initio
- 3.Declaration that any other title claimed to have been derived from LR No. 20229/1 is fraudulent and null and void ab initio
- 4.Order to the Chief Land Registrar and District Land Registrar Naivasha to expunge from their records the titles Kiambogo/Kiambogo Block 3/1-3320 or any title purporting to derive from LR No. 20229/1
- 5.Declaration that the purported Registry Index Maps for Kiambogo/Kiambogo Block 3 (Ol Jorai Farm) are fraudulent and null and void ab initio
- 6.Order to the Director of Surveys to forthwith expunge the said Registry Index Maps and any deed plans claiming to derive from LR No. 20229/1 or from LR Nos. 10242 and 9581
- 7.Suit Nakuru HCCC No. 87 of 2007 dismissed with costs
- 8.Suit Nakuru ELC No. 89 of 2013 dismissed with costs
- 9.Declaration that Solai Ruyobei Farm Limited is the rightful proprietor of LR No. 20229/1, at liberty to apply for an order of eviction and/or deal with the land as it may wish
- Jurisdiction invoked
- Article 162(2)(b) of the Constitution establishing the Environment and Land Court (suits transferred from the High Court at Nakuru upon creation of the ELC)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Sono & 5 others (Suing on their own behalf and on behalf of Ol Jorai Community Members) v Lands Limited & 2 others (Civil Case 87 of 2007 & Environment and Land Case 89 of 2013 (Consolidated)) [2019] KEELC 5020 (KLR)", Case Analysis (2019). Nakuru HCCC No. 87 of 2007 (as Nakuru ELC) consolidated with Nakuru HCCC No. 379 of 2012 (OS), re-registered as Nakuru ELC No. 89 of 2013. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/5020/eng@2019-11-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.