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ELCPartially AllowedELC Case No. 369 of 2018· [2020] KEELC 2574 (KLR)

Julius Keru Njoroge v Silas Mwangi & another [2020] KEELC 2574 (KLR)

Environment and Land Court
9 March 2020
KBK. Bor
655 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court confirmed a landowner's title but refused eviction and damages because the owner could not produce evidence of the alleged destruction and intrusion.

What this practically means

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Executive summary

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The Plaintiff sued the 1st Defendant and the Chief Land Registrar, seeking a declaration that he is the registered proprietor of land reference number 37/272/5 (IR No. 83804) in Nairobi West as a tenant in common with Grace Wamiti Keru, together with eviction of the 1st Defendant, demolition of developments, mandatory and permanent injunctions, cancellation of any title held by the 1st Defendant, rectification of the register, general damages for unlawful eviction and demolition, and punitive and exemplary damages for fraud. The Defendants were served but neither entered appearance nor filed defences. At trial, the Plaintiff gave uncontroverted evidence, producing a certificate of title issued on 20/6/2000, an official search confirming his registered ownership with his wife, and receipts evidencing payment of land rates to the Nairobi City County. He testified that he and his wife enjoyed quiet possession until 27/6/2018 when the 1st Defendant entered the land purporting to be its owner, placed goons on it, and began looting and demolishing developments. He also lodged a complaint with the Land Fraud Unit. Framing the sole issue as whether the orders sought should be granted, the court accepted the title as proof of proprietorship, relying on Sections 24 and 26 of the Land Registration Act and Article 40 of the Constitution. However, it found no evidence supporting the claims of the 1st Defendant's alternate title, the alleged developments and their demolition, or the 1st Defendant's works on the land. Accordingly, only prayer (a) of the plaint was granted; the remaining prayers were refused. The judgment is silent on costs.

Key legal issues

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01

Whether the Plaintiff proved proprietorship of the Suit Property entitling him to the orders sought

Holding

Only the declaration of proprietorship was granted, on the strength of the certificate of title; all other prayers failed for want of evidence

Reasoning

The Plaintiff produced a title issued on 20/6/2000 and a search confirming he was registered owner with his wife, plus rates payment receipts. Relying on Sections 24 and 26 of the Land Registration Act and Article 40 of the Constitution, this proved proprietorship. However, no evidence supported the claims of the 1st Defendant's alternate title, the developments, their demolition, or eviction, so only prayer (a) was granted.

p. 2

Legal principles established

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  • A certificate of title is conclusive evidence of proprietorship subject to the exceptions in Section 26 of the Land Registration Act

Court orders

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  1. 1.Prayer (a) of the plaint dated 27/8/2018 granted - declaration that the Plaintiff is the registered proprietor of land reference number 37/272/5 (IR No. 83804) as a tenant in common with Grace Wamiti Keru

Authorities

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Legislation

  • Land Registration ActSection 26
  • Land Registration ActSection 24
  • Constitution of Kenya, 2010Article 40
Jurisdiction invoked
Article 162(2)(b) of the Constitution (Environment and Land Court) - Article 40 of the Constitution and Land Registration Act invoked in submissions

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, "Julius Keru Njoroge v Silas Mwangi & another [2020] KEELC 2574 (KLR)", Case Analysis (2020). ELC Case No. 369 of 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/2574/eng@2020-03-09

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