Paul Ngigi Karanja v Allan Schemekher (Environment & Land Case 182 of 2017) [2020] KEELC 1858 (KLR)
The bottom line
#A Kenyan court confirmed that a registered landowner with an unchallenged title can order a neighbour who built on his land to demolish the structures at their own cost.
What this practically means
#Executive summary
#Key legal issues
#Whether the Plaintiff is the registered and absolute proprietor of the suit land
Yes; the Certificate of Title was unchallenged and conclusive, entitling the Plaintiff to protection under sections 24, 25 and 26 of the Land Registration Act
The Plaintiff tendered a Certificate of Title issued in 1982 under the repealed Registered Land Act, a mutation form showing the suit land was a subdivision of LR Ngong/Ngong/1825, and an official search confirming continuing registration. The Defendant did not challenge the title or tender evidence of ownership. Relying on section 24(a) of the Land Registration Act and cited authorities, the court held the title conclusive and the Plaintiff entitled to statutory protection.
Whether the Defendant encroached on the Plaintiff's parcel of land
Yes; the Defendant unlawfully entered and constructed a house and other structures on the suit land
The Plaintiff testified he found the Defendant had built on the suit land in 2010, the Defendant having been shown the suit land as the location of the 1½ acres he purchased on LR Ngong/Ngong/4531. The allegation of encroachment was uncontroverted as the Defendant failed to participate in the hearing; his Defence merely denied encroachment without concrete rebuttal. The court found the Defendant encroached and interfered with the Plaintiff's use and occupation.
Who should bear the costs of the suit
The Plaintiff, being the inconvenienced party, was awarded costs
The court reasoned that since the Plaintiff was the inconvenienced party by reason of the Defendant's encroachment on his land, costs should follow that outcome and were awarded to the Plaintiff, consistent with the ordinary rule that costs follow the event.
Legal principles established
#- Registration of a person as proprietor of land vests absolute ownership of that land in that person
- A certificate of title is conclusive and prima facie evidence of ownership unless procured by fraud, misrepresentation or corrupt scheme
Court orders
#- 1.The Defendant be and is hereby ordered to demolish any building or structures constructed on the Plaintiff's LR. Title No. NGONG/NGONG/4530 without the Plaintiff's consent and/or knowledge, at his costs after 90 days from the date hereof, failure of which the Plaintiff will be at liberty to do so
- 2.The costs of the suit is awarded to the Plaintiff
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court over disputes relating to title and occupation of land
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Paul Ngigi Karanja v Allan Schemekher (Environment & Land Case 182 of 2017) [2020] KEELC 1858 (KLR)", Case Analysis (2020). ELC No. 182 of 2017 (Formerly Machakos ELC No. 304 of 2011). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/1858/eng@2020-06-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.