Samuel Mutingu Akibaya v Ezina E. Akibaya [2020] KEELC 1935 (KLR)
The bottom line
#Kenya's Environment and Land Court ruled that a joint property owner cannot lock out their co-owner — both have equal rights to use and run a jointly owned business.
What this practically means
#Executive summary
#Key legal issues
#Effect of joint registration under the Land Registration Act
Registration vests absolute ownership; joint tenants each own an undivided equal share and each is entitled to possession; the defendant could not deny the plaintiff access to the businesses
The court applied sections 24(a), 26(1) and 91(4) of the Land Registration Act, holding that joint tenancy confers on each joint owner, vis-à-vis third parties, the properties of a single owner, and as between themselves equal undivided rights including possession. Given the joint registration established without dispute, the plaintiff was entitled to joint possession and user of the commercial building, which existed when the properties were gifted to the litigants jointly in 2000.
Whether mesne profits and general damages were payable
Not awarded as unproved
Although the plaintiff sought mesne profits and general damages for loss of user, the court found the claim unproved and declined to award them, granting only access and joint management of the business or, alternatively, sale and equal division of proceeds.
Legal principles established
#- A joint tenant co-owner is entitled to possession of the land and cannot be excluded by the other co-owner
Court orders
#- 1.That the plaintiff do access the premises situate on land parcel Nos. North Maragoli/Mbale/1320 and Kakamega/Mbale/1228 and run the business jointly with the defendant
- 2.That alternatively, the parties engage a licensed property agent to sell the two parcels and share the proceeds equally
- 3.Each party to bear their own costs
- Jurisdiction invoked
- Environment and Land Court jurisdiction over land parcels North Maragoli/Mbale/1320 and Kakamega/Mbale/1228
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Samuel Mutingu Akibaya v Ezina E. Akibaya [2020] KEELC 1935 (KLR)", Case Analysis (2020). ELC Case No. 15 of 2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/1935/eng@2020-06-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.