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ELCDismissed· [2020] KEELC 2176 (KLR)

Alfred Juma Wanambisi v Sammy Simiyu Katata & another [2020] KEELC 2176 (KLR)

Environment and Land Court
20 May 2020
2,565 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The Environment and Land Court in Kitale dismissed a farmer's claim to 10.8 acres because he could not prove he paid for all the shares entitling him to that land.

What this practically means

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Executive summary

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The plaintiff sued by amended plaint dated 18/1/2005 seeking a declaration that he was the sole owner of plot No. 44 Namanjalala Farm measuring 10.8 acres, a permanent injunction against trespass, eviction of the defendants, and costs. He claimed to have purchased the land from Charles Ngoya Macheso in 1979 and to have been allocated it by Trans Nzoia Investment Company, and alleged that the 2nd defendant forcibly entered the land in 1992 and later processed a title over a portion. The defendant denied the claim, asserting she bought 100 shares from the company in 1991, was shown 4 acres by the directors in 1992, and holds title to Kwanza Namanjalala Block 5/568. A company director testified that the land was surveyed in 1990, allocations were per shares paid for, the plaintiff's plot was number 569, and plot 44 did not belong to him. The court framed three issues: ownership of plot 44, trespass, and the orders to issue. It held the plaintiff's plot was in fact number 569, that he failed to prove payment for all 287.5 shares, and that the company was entitled to sell the excess land to the defendant, who therefore was not a trespasser. The suit was dismissed with each party bearing their own costs, the court noting the company never notified the plaintiff that he occupied excess land.

Key legal issues

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01

Whether the plaintiff proved ownership of plot number 44 measuring 10.8 acres

Holding

The plaintiff failed to prove ownership; his plot was number 569 and he did not prove payment for all 287.5 shares entitling him to 10.8 acres

Reasoning

The plaintiff pleaded plot number 44 but the evidence showed his plot was number 569. None of his documents reflected number 44. The land sold to him by Mr Ngoya had not been surveyed at the time of sale, and Ngoya had occupied more land than he had paid for. Evidence of payment for all 287.5 shares, or of the plaintiff making up the shortfall, was necessary but absent.

p. 3
02

Whether the defendant trespassed onto the plaintiff's land

Holding

No trespass; the defendant lawfully purchased her parcel from the company

Reasoning

The company was entitled to sell the excess land occupied by Mr Ngoya (succeeded by the plaintiff) to the defendant because the plaintiff never ascertained or paid for the excess before survey. The defendant was shown her parcel by company directors, purchased 100 shares, and holds title to Kwanza Namanjalala Block 5/568.

p. 3
03

Costs of the suit

Holding

Each party to bear their own costs because the company failed to notify the plaintiff of the excess land

Reasoning

Although the plaintiff lost, the court noted the company's failure to give him notice that he occupied excess land or an option to purchase it, and for that reason departed from the normal rule that costs follow the event.

p. 3

Legal principles established

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  • A purchaser of unregistered land in a land buying company must ensure the seller is recognised by the company, the seller's account is clean, and obtain formal recognition of the transaction by the company before the transaction.

Court orders

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  1. 1.Dismissal of the plaintiff's case
  2. 2.Each party to bear their own costs of the suit
Jurisdiction invoked
Original jurisdiction of the Environment and Land Court over disputes relating to land (not expressly stated in the judgment)

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, "Alfred Juma Wanambisi v Sammy Simiyu Katata & another [2020] KEELC 2176 (KLR)", Case Analysis (2020). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/2176/eng@2020-05-20

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