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ELCAllowedELC No. 281 of 2014· [2020] KEELC 37 (KLR)

Evalyne Mande Oloo & another v County Government of Siaya & another [2020] KEELC 37 (KLR)

Environment and Land Court
30 January 2020
AOA. O. Ombwayo
1,042 words in judgment
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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 plaintiffs, Evalyne Mande Oloo (registered proprietor) and Edwin Odhiambo Siala (purchaser for value who had not yet effected transfer), sued the County Government of Siaya and the National Land Commission over title No. Siaya/Township Block 1/541, a 99-year leasehold granted by the former County Council of Siaya and registered on 24th February 1999. They alleged that from July 2014 the County Government unlawfully entered the land and constructed structures to house market stalls, ignoring requests to stop, contrary to their constitutional right to property and the sanctity of title under the Land Registration Act, 2012. They sought a permanent injunction and eviction. The 1st defendant denied the plaintiffs' ownership; the 2nd defendant entered appearance but called no evidence, and the defence closed without testimony. PW1 proved the sale agreement of 19th September 2012 and the certified lease. Applying sections 24, 25 and 26 of the Land Registration Act, 2012, the court held that registration vested absolute ownership in the 1st plaintiff and that no statutory ground for defeating the title was established. Finding the claim proved on a balance of probabilities, the court granted a permanent injunction against trespass and interference with quiet possession, ordered the 1st defendant to remove the structures and evicted it from the parcel, awarded nominal damages of Kshs. 100,000 for trespass, and awarded costs to the plaintiffs, payable by the defendants. Judgment was delivered by A. O. Ombwayo, Environment & Land Judge, on 30th January 2020.

Key legal issues

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01

Effect of registration under the Land Registration Act, 2012

Holding

The registration of the 1st plaintiff as proprietor vested absolute ownership and the leasehold interest in her, and the defendants failed to displace the title by establishing any of the statutory grounds of defeasibility.

Reasoning

The court reproduced sections 24, 25 and 26 of the Land Registration Act, 2012, which vest absolute ownership on registration and confine challenges to titles to fraud, misrepresentation, illegality, unprocedural acquisition or corrupt scheme. The lease dated 24th February 1999 granted by the then County Council of Siaya and certified by the Land Registrar proved the plaintiffs' interest, so the County Government had no competing right over the parcel.

p. 2
02

Trespass by a public body on privately owned land

Holding

Construction of market structures on the plaintiffs' parcel without the permission of the registered owner constituted trespass entitling the plaintiffs to injunction, eviction and damages.

Reasoning

PW1 testified that the County Government of Siaya entered the land and built structures intended to house market stalls without any permission from the registered owner. The defence closed without calling any evidence, so the claim stood uncontroverted. The court found the plaintiffs had proved their case on a balance of probabilities and granted a permanent injunction, an order for removal of structures and eviction, together with nominal damages of Kshs. 100,000.

p. 2

Legal principles established

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  • Registration of a person as proprietor of land vests absolute ownership, and a certificate of title is only defeasible on proof of fraud, misrepresentation, illegality, unprocedural acquisition or corrupt scheme

Court orders

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  1. 1.Permanent injunction restraining the defendants, and in particular the 1st defendant, its servants and/or agents, from entering, remaining thereon, trespassing, building any structures thereon or interfering with the plaintiffs' quiet possession of title No. Siaya/Township Block 1/541
  2. 2.Order directing the 1st defendant to remove the structures built on the suit land and evicting the 1st defendant from the suit land
  3. 3.Nominal damages for trespass of Kshs. 100,000
  4. 4.Costs of the suit to the plaintiffs, to be paid by the defendants

Authorities

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Legislation

  • Land Registration Act, 2012section 24
  • Land Registration Act, 2012section 25
  • Land Registration Act, 2012section 26
Jurisdiction invoked
Environment and Land Court jurisdiction under the Environment and Land Court Act over land disputes

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, "Evalyne Mande Oloo & another v County Government of Siaya & another [2020] KEELC 37 (KLR)", Case Analysis (2020). ELC No. 281 of 2014. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/37/eng@2020-01-30

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