Gilbert Gitari Bore & another v Kenya Urban Roads Authority & 3 others [2020] KEELC 971 (KLR)
The bottom line
#The Environment and Land Court in Chuka confirmed two plot owners' title, barred the county government and a contractor from demolishing their buildings, and awarded them costs.
What this practically means
#Executive summary
#Key legal issues
#Ownership of Plots 223 and 225 Chuka Township and whether they encroach on a road reserve
The plaintiffs proved ownership of the plots and that the plots are not on any road reserve, including the projected 'Moi Girls' Road.
The plaintiffs produced the plaint, case summary, documentary exhibits including lease certificates, allotment letter, PDP and coordinates, the 1st plaintiff's witness statement, and the Chuka National Sub-County surveyor's report dated 13th May 2020. That report found the plots were resurveyed using coordinates on FR No. 268/168 and do not fall under the road reserve per FR 253/67. Relying on this evidence, the court found the case proved.
Whether an unopposed hearing could proceed exparte
The court allowed the hearing to proceed exparte after satisfying itself that the defendants had been duly served with the hearing date and did not attend.
The suit had been slated for 6th October 2020 but was adjourned to 12th October 2020, with the plaintiff ordered to serve the hearing date on the defendants. On the hearing date the defendants were absent. The court confirmed due service and permitted the plaintiffs' advocate's oral application that the hearing proceed exparte, deeming the matter properly before it.
Legal principles established
#- A categorical surveyor's report from the Survey of Kenya establishing plot boundaries vis-à-vis a road reserve can conclusively prove ownership and non-encroachment in an unopposed suit.
Court orders
#- 1.A declaration that the plaintiffs are the owners of Plot No. 223 Chuka Township and Plot No. 225 Chuka Township respectively and that the said plots are not on any road reserve let alone 'MOI GIRLS' Road
- 2.A permanent injunction against all the defendants, their servants, agents, assignees or any person acting on their behest, from in any manner demolishing, damaging or interfering with the general use of the plaintiffs' Plot No. 223 and Plot No. 225 Chuka Township
- 3.Costs awarded to the plaintiffs against all the defendants
- Jurisdiction invoked
- Original civil suit; the judgment does not expressly state the jurisdictional provision (property rights invoked under Articles 40(3)(a) and 64 of the Constitution)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Gilbert Gitari Bore & another v Kenya Urban Roads Authority & 3 others [2020] KEELC 971 (KLR)", Case Analysis (2020). Chuka ELC (number not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/971/eng@2020-10-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.