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ELCPartially AllowedELC Case No. 812 of 2017 (Formerly Nairobi ELC Case No. 1203 of 2016)· [2020] KEELC 2566 (KLR)

Lantei Kiko Sokorte & another v Cheptumo Ayabei & 2 others [2020] KEELC 2566 (KLR)

Environment and Land Court
20 May 2020
1,613 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~6 min to read original · ~4 min brief

The bottom line

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A Kajiado court confirmed that a registered buyer with proper title documents owns the land, and permanently barred the original owners from interfering.

What this practically means

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Executive summary

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The Plaintiffs, by a Plaint dated 3rd October 2016 (amended 27th October 2016), sought a permanent injunction restraining the Defendants from interfering with the original parcel KJD/Kipeto/1424 and cancellation of plots 1674 and 1675 and subsequent transfers. The 1st and 2nd Defendants filed a Defence and Counterclaim denying the Plaintiffs' ownership, asserting that the 1st Plaintiff himself subdivided the original parcel into plots 1674 and 1675, and later subdivided plot 1674 into 4917, 4918 and 4919; the 2nd Defendant purchased from the 1st Plaintiff and the 1st Defendant bought Kajiado/Kipeto/4917 from the 2nd Defendant on 3rd September 2014 for Kshs. 7,000,000 and obtained title on 17th October 2014. When the Plaintiffs failed to attend the hearing on 17th September 2019 despite due service, their suit was dismissed with costs and the counterclaim proceeded to hearing. The 1st Defendant testified as DW1 and produced title, transfer, search and mutation documents. The court framed one issue: whether the Defendants were entitled to the orders in the counterclaim. Relying on sections 24, 25 and 26 of the Land Registration Act and the decisions in Ahmed Ibrahim Suleiman v Noor Khamisi Surur and Willy Kipsongok Morogo v Albert K. Morogo, the court found the 1st Defendant to be the absolute proprietor entitled to protection of the law, and applying Giella v Cassman Brown, granted a permanent injunction against the Plaintiffs. The suit was dismissed with costs and costs of the suit and counterclaim were awarded to the Defendants.

Key legal issues

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01

Title and protection of a registered proprietor under the Land Registration Act

Holding

The 1st Defendant, having purchased from the 2nd Defendant and been registered with a Certificate of Title dated 17th October 2014, is the absolute proprietor of Kajiado/Kipeto/4917 entitled to protection under sections 24, 25 and 26 of the Land Registration Act

Reasoning

The court perused the Mutation Forms showing the 1st Plaintiff himself applied for subdivision of Kajiado/Kipeto/A/1424 into plots 1674 and 1675 and later subdivided plot 1674 into 4917, 4918 and 4919. The Plaintiffs never controverted these averments. The 1st Defendant produced the title, Green Card, official search, sale agreement and transfer forms, demonstrating he adhered to the legal process in acquiring the suit land.

p. 2
02

Permanent injunction against the Plaintiffs

Holding

Applying the Giella v Cassman Brown principles, the Plaintiffs are permanently restrained from interfering with the 1st Defendant's possession, occupation and enjoyment of the suit land

Reasoning

The 1st Defendant testified that the Plaintiffs previously interfered with his occupation by cutting the fence, moving animals into the land and demolishing structures until 2017. Having found the 1st Defendant to be the registered proprietor entitled to the protection of the law, the court held that the Giella v Cassman Brown principles for a permanent injunction were satisfied and entered judgment as per the counterclaim on a balance of probability.

p. 2

Legal principles established

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  • Registration of a person as proprietor of land vests in that person absolute ownership of the land, entitling them to protection under sections 24, 25 and 26 of the Land Registration Act
  • A registered proprietor who has adhered to the legal process of acquisition is entitled to the protection of the law and to a permanent injunction against interference by others

Court orders

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  1. 1.The Plaintiffs' suit be and is hereby dismissed with costs
  2. 2.Judgement be and is hereby entered for the 1st Defendant against the Plaintiffs for a Permanent Injunction restraining the Plaintiffs, their agents, servants, employees, assigns or any persons acting under their direction from trespassing and/or interfering with the 1st Defendant's ownership, quiet enjoyment, possession and use of Land Reference Number Kajiado/Kipeto/4917
  3. 3.Costs of this suit and of the Counterclaim is awarded to the Defendants

Authorities

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Legislation

  • Land Registration ActSection 24(a)
  • Land Registration ActSections 24, 25 and 26
  • Land Registration ActSection 26(1)

Cases cited (5)

  • Joseph Kipchirchir Koech v Philip Cheruiyot Sang
    (2018) eKLR
  • Nahason Maingi Muguna v Josphat Njiru M'arucha
    (2014) eKLR
  • Ahmed Ibrahim Suleiman and Another vs. Noor Khamisi Surur
    (2013) eKLR
  • WILLY KIPSONGOK MOROGO v ALBERT K. MOROGO
    (2017) eKLR
  • Giella Vs Cassman Brown Co. Ltd
    (1973) EA 358
Jurisdiction invoked
Original jurisdiction of the Environment and Land Court over land disputes (Plaint and Counterclaim under the Land Registration Act regime; suit transferred from Nairobi ELC Case No. 1203 of 2016)

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (1)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Lantei Kiko Sokorte & another v Cheptumo Ayabei & 2 others [2020] KEELC 2566 (KLR)", Case Analysis (2020). ELC Case No. 812 of 2017 (Formerly Nairobi ELC Case No. 1203 of 2016). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/2566/eng@2020-05-20

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