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ELCAllowednot stated in the judgment (Plaint dated 2nd May 2018)· [2020] KEELC 202 (KLR)

Angela Taiyana Wanjugu v Francis Kimani Ngugi [2020] KEELC 202 (KLR)

Environment and Land Court
17 December 2020
LGL. GACHERU
1,141 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court ordered a squatter evicted and their structures demolished after the registered landowner proved title with a Certificate of Lease.

What this practically means

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Executive summary

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The Plaintiff, Angela Tiayana Wanjugu, sued by a Plaint dated 2nd May 2018 seeking the eviction of the Defendant from Thika Municipality Block 38/267, demolition of structures erected thereon, and costs. She averred that she is the registered owner of the property and that in 2016 she found structures constructed on it without sanction from the Municipal Council of Thika; her demand for their demolition was ignored. The Defendant, though served, neither entered appearance nor filed a defence, and the suit proceeded by way of formal proof. The Plaintiff testified alone, adopting her witness statement and producing exhibits. The court, per L. Gacheru J, held that ex parte evidence is not automatic proof and that a plaintiff must still establish her case on a balance of probabilities. The Plaintiff produced a Certificate of Lease dated 20th December 2016. Relying on Sections 24, 25 and 26(1) of the Land Registration Act, the court found her the absolute and indefeasible owner, unchallenged, entitled to quiet, peaceful enjoyment and occupation of the property, which could only be achieved by evicting the Defendant. The court held that the Plaintiff had proved her case to the required standard and entered judgment for her in terms of all three prayers of the Plaint: eviction, demolition of the structures, and costs. The judgment was delivered virtually at Thika on 17th December 2020 under the COVID-19 directives, with the parties' consent waiving pronunciation in open court.

Key legal issues

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01

Whether the Plaintiff proved her proprietorship of the suit property and entitlement to eviction orders on uncontroverted evidence

Holding

Yes. The Plaintiff produced a Certificate of Lease evidencing her registration as proprietor; her title is absolute and indefeasible absent any challenge, vesting her with all rights of use and occupation, and she is entitled to peaceful enjoyment achievable only through eviction of the Defendant.

Reasoning

Although the suit proceeded by formal proof and the evidence was unchallenged, the court was still obliged to interrogate it against the balance-of-probabilities standard, since ex parte evidence is not automatic proof. The Plaintiff produced a Certificate of Lease dated 20th December 2016. Sections 24, 25 and 26(1) of the Land Registration Act vest absolute ownership and indefeasible rights in a registered proprietor, subject only to fraud or illegality, none of which was alleged. The Defendant's structures were unauthorised and unjustified.

p. 2

Legal principles established

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  • Uncontroverted evidence must still be interrogated by the court; a plaintiff must prove its case on a balance of probabilities whether the evidence is unchallenged or not
  • A certificate of title is prima facie evidence that the person named as proprietor is the absolute and indefeasible owner, subject only to challenge on grounds of fraud, misrepresentation, or illegality

Court orders

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  1. 1.Judgment entered for the Plaintiff against the Defendant in terms of Prayers (a), (b) and (c) of the Plaint dated 3rd May 2018
  2. 2.The Defendant to be evicted from the property known as Thika Municipality Block 38/267
  3. 3.The structures erected on Plot Thika Municipality Block 38/267 to be demolished
  4. 4.Costs of the suit awarded to the Plaintiff

Authorities

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Legislation

  • Land Registration ActSection 26(1)
  • Land Registration ActSection 24
  • Land Registration ActSection 25
  • Civil Procedure RulesOrder 21 rule 1

Cases cited (1)

  • Kenya Power & Lighting Company Limited Vs Nathan Karanja Gachoka & another
    [2016] eKLR
Jurisdiction invoked
Original civil jurisdiction of the Environment and Land Court over a claim for eviction and demolition concerning land known as Thika Municipality Block 38/267

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, "Angela Taiyana Wanjugu v Francis Kimani Ngugi [2020] KEELC 202 (KLR)", Case Analysis (2020). not stated in the judgment (Plaint dated 2nd May 2018). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/202/eng@2020-12-17

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