Jeremiah Nyambogo Mollo v Pithalis Odoro & 2 others [2020] KEELC 2960 (KLR)
The bottom line
#The Kisumu Environment and Land Court gave a grandson his late grandmother's land back, cancelling a rival's registration and ordering the occupants evicted within 90 days.
What this practically means
#Executive summary
#Key legal issues
#Ownership of LR No. Kisumu/Buoye/1352 by inheritance/oral will
The plaintiff, whose name was forwarded for registration during demarcation by his grandmother Masela Adongo Bwodo, proved entitlement on a balance of probabilities
The plaintiff's uncontroverted evidence established that the parcel was the home of his grandmother Masela Adongo Bwodo, widow to Maritius Bwodo, and that she forwarded the plaintiff's name to be registered during demarcation. The defendants, though served, filed no response and did not attend court, leaving the plaintiff's evidence uncontroverted. The court found the defendants had encroached on the land and that the plaintiff had discharged the civil burden of proof.
Rectification of a fraudulently or irregularly obtained registration
The 1st defendant's registration was nullified and the parcel ordered registered in the plaintiff's name
The plaintiff showed that although his name had been confirmed as registered proprietor during adjudication, a green card was created in October 2010 bearing the 1st defendant's name, and a restriction was placed on the parcel. The court found the registration and restriction to be a mischievous scheme to deprive the plaintiff of his property, and therefore nullified the 1st defendant's name and removed the restriction.
Eviction of trespassers from the suit land
The 2nd and 3rd defendants were ordered evicted after expiry of 90 days' notice issued by the plaintiff
Having found that the defendants encroached on the land and that the plaintiff proved entitlement, the court granted eviction against the 2nd and 3rd defendants, subject to a 90 days' notice to be issued by the plaintiff. It also granted a permanent restraining order against all defendants and their agents from interfering with the plaintiff's peaceful possession and occupation.
Legal principles established
#- Uncontroverted evidence that is credible may prove entitlement to land on a balance of probabilities
Court orders
#- 1.The 1st defendant's name as proprietor of LR No. Kisumu/Buoye/1352 be revoked/nullified and the parcel be registered in the plaintiff's name
- 2.Any restriction registered on LR No. Kisumu/Buoye/1352 is removed
- 3.An order of eviction against the 2nd and 3rd defendants from the suit property after expiry of a 90 days' notice to be issued by the plaintiff
- 4.An order restraining the defendants, their agents, servants and/or employees from interfering with the plaintiff's peaceful possession and occupation of LR No. Kisumu/Buoye/1352
- 5.Costs of the originating summons to be borne by the defendants
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court over disputes relating to ownership and occupation of land
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Jeremiah Nyambogo Mollo v Pithalis Odoro & 2 others [2020] KEELC 2960 (KLR)", Case Analysis (2020). ELC 338 of 2015. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/2960/eng@2020-04-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.