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ELCAllowedNot stated in judgment (originally filed in the Principal Magistrates' Court at Kilifi on 15th July 2014; transferred to the Environment and Land Court)· [2020] KEELC 3204 (KLR)

Hassan Mele Lune v Achieng Johana Okwero & another [2020] KEELC 3204 (KLR)

Environment and Land Court
13 March 2020
JOJ.O. Olola
1,134 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~5 min to read original · ~4 min brief

The bottom line

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A Kenyan landowner who holds a registered title deed can win eviction against occupants who show up with no evidence to contradict him.

What this practically means

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Executive summary

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The Plaintiff, Hassan Mele Lune, sued Achieng Johana Okwero (1st Defendant) and Wandera Johana (2nd Defendant) seeking a permanent injunction against trespass onto, sale, charging or leasing of land parcel Kilifi/Kibarani/122, vacant possession, demolition of the Defendants' structures and eviction. The Plaintiff testified that he purchased the suit property on 14th August 2012 from Charo Ngala Mwavuo and Kadzo Charo Ngala after conducting an official search, obtained Land Control Board consent, and was issued a title deed on 27th December 2012. He alleged the 1st Defendant entered the land between 2012 and 2014 and erected permanent and semi-permanent houses, and the 2nd Defendant, her son, commenced construction in 2017 without consent. The Defendants' filed defence denied the claim, alleging the 1st Defendant's late husband, Johana Okwero Kudoi, purchased the land in 1996 from the same vendor, that the Plaintiff fraudulently procured registration, and that the suit duplicated ELC Case No. 196 of 2014 (Mombasa). The Defendants did not attend trial or adduce evidence, and filed no counterclaim. The court found the Plaintiff's uncontroverted evidence established his registered ownership and entered judgment as prayed. The Defendants were given 60 days to grant vacant possession, failing which the Plaintiff could evict them. The Plaintiff was awarded the costs of the suit. Judgment delivered at Malindi on 13th March 2020.

Key legal issues

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01

Proof of ownership by registration

Holding

The Plaintiff proved he was the registered proprietor of the suit property and was entitled thereto, and judgment was entered as prayed in the Plaint

Reasoning

The Plaintiff testified as the sole witness, producing a sale agreement dated 14th August 2012, Land Control Board consent, and a title deed issued on 27th December 2012. The Defendants, though pleading fraud and a prior purchase by the 1st Defendant's late husband in 1996, neither testified nor called evidence, and filed no counterclaim. In the absence of contradicting evidence, the court had no reason to doubt the Plaintiff's evidence.

p. 2
02

Alleged duplication of suits and fraud pleaded but unproven

Holding

The Defendants' allegations of fraudulent re-sale and duplication of an earlier Mombasa suit were not established for want of evidence

Reasoning

The defence pleaded that the Plaintiff fraudulently purchased the property a second time and that the suit duplicated ELC Case No. 196 of 2014 (Mombasa). The Defendants did not appear or adduce evidence at trial. The court noted from the defence itself that the Defendants knew of the Plaintiff's purchase, that no legal representative of the estate had taken action against the Vendor or Plaintiff, and no counterclaim was filed.

p. 2

Legal principles established

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  • A registered proprietor who proves registration and whose evidence is uncontradicted is entitled to the suit property

Court orders

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  1. 1.Judgment entered for the Plaintiff as prayed in the Plaint
  2. 2.Defendants granted 60 days from the date of judgment to grant vacant possession, in default of which the Plaintiff shall be free to evict them from the suit property
  3. 3.Plaintiff awarded the costs of the suit
Jurisdiction invoked
Not expressly stated; suit transferred from the Principal Magistrates' Court at Kilifi to the Environment and Land Court

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, "Hassan Mele Lune v Achieng Johana Okwero & another [2020] KEELC 3204 (KLR)", Case Analysis (2020). Not stated in judgment (originally filed in the Principal Magistrates' Court at Kilifi on 15th July 2014; transferred to the Environment and Land Court). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/3204/eng@2020-03-13

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