Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELCAllowedNot stated in the judgment ( plaint dated 25/2/2013, Kitale ELC)· [2020] KEELC 3594 (KLR)

Lonyangole Nguranyang v Abraham Lonyangat [2020] KEELC 3594 (KLR)

Environment and Land Court
10 February 2020
3,277 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~13 min to read original · ~4 min brief

The bottom line

#

A West Pokot court confirmed you can claim unregistered group ranch land allocated to you on the ground, and evicted an occupier who couldn't prove his entitlement.

What this practically means

#

Executive summary

#
The plaintiff sued for eviction of the defendant from a 50-acre parcel at Kakoruron, Riwo location, within Kongelai Group Ranch, West Pokot, claiming he was allocated the land in 1988, fled during insecurity in the 1990s, and on returning in 2005 found the defendant in occupation. An earlier ex parte judgment and eviction order was set aside in 2015, granting the defendant unconditional leave to defend. The defendant denied the plaintiff's ownership, claiming entitlement through his father, a registered member No. 315 of the group ranch, and asserting the land was undemarcated group ranch land. The court framed three issues: the plaintiff's right to sue; whether the land was demarcated in favour of the plaintiff or the defendant's father; and what orders should issue. On the first issue, the court held that Section 8(1) of the Land (Group Representatives) Act had been repealed by the Community Land Act No. 27 of 2016, distinguished the Kandei case, and found the plaintiff was litigating his own interest against an occupant, so nothing barred the suit. On the second issue, the court preferred the evidence of PW3, the former group ranch chairman, corroborated by the plaintiff's allotment letter and the elders' award, over the unsupported evidence of DW2. The defendant was not a member of the group ranch and failed to show the suit land was demarcated in his father's favour, whose own land lay elsewhere. The court found for the plaintiff on a balance of probabilities, ordered the defendant's eviction from the suit land, and directed the defendant to bear the costs of the suit.

Key legal issues

#
01

Whether the plaintiff has locus to sue over land within the Kongelai Group Ranch

Holding

The plaintiff, litigating over his own interest in a demarcated portion of group ranch land against an occupant, has the right to sue.

Reasoning

The defendant invoked Section 8(1) of the Land (Group Representatives) Act and the Kandei case, but that Act was repealed by the Community Land Act No. 27 of 2016. The Kandei case was distinguishable because there plaintiffs sued on behalf of a group ranch, whereas here the plaintiff claims his own interest against an occupant, not against the Group Ranch. Elders had demarcated portions on the ground, so nothing in Section 8(1) or Section 16 of the Community Land Act barred the suit.

p. 3
02

Whether the suit land was demarcated in favour of the plaintiff or the defendant's father

Holding

The suit land was demarcated in favour of the plaintiff; the defendant, who is not a group ranch member, has no right to occupy it.

Reasoning

PW3 (former group ranch chairman) corroborated the plaintiff's allotment letter and the elders' award in his favour, while DW2's evidence was unsupported. The defendant's father was a member but his own land was elsewhere across the river; the elders had directed the defendant to join his father on that parcel. The defendant failed to prove the suit land was demarcated in his father's favour, so he could not claim under him.

p. 4
03

Whether the quashing of the defendant's criminal conviction on the ground of non-registration of the land affects the civil claim

Holding

Non-registration of the suit land played a negligible role in the civil suit; the occupation dispute required resolution by the civil court.

Reasoning

The High Court on appeal had held the dispute lay with the registered owners or the civil courts, not the criminal courts. Though non-registration was central to quashing the conviction, persons in occupation exist even where land is unregistered, and the conflict needed resolution to maintain peace on the ground.

p. 4

Legal principles established

#
  • A party not admitted as a member of a group ranch entitled to land in his own right, claiming only through a third party who was not enjoined, bears the burden of demonstrating by concrete evidence his entitlement to the land.
  • Lack of official subdivision and registration of group ranch land does not bar a civil court from determining which party is entitled to land demarcated on the ground.

Court orders

#
  1. 1.An order for eviction of the defendant, his servants and/or agents from the suit land at Kakoruron, Riwo location within Kongelai Group Branch, West Pokot, which was demarcated in favour of the plaintiff by the Committee
  2. 2.The defendant shall bear the costs of the suit

Authorities

#

Legislation

  • Land (Group Representatives) ActSection 8(1)
  • Community Land Act No. 27 of 2016Section 16

Cases cited (1)

  • Daniel Nomagul Kandei & 20 Others -vs- Kamanda Holdings Ltd & 44 Others
    2017 eKLR
Jurisdiction invoked
Original civil jurisdiction of the Environment and Land Court over a claim for eviction from land within Kongelai Group Ranch, West Pokot

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Lonyangole Nguranyang v Abraham Lonyangat [2020] KEELC 3594 (KLR)", Case Analysis (2020). Not stated in the judgment ( plaint dated 25/2/2013, Kitale ELC). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/3594/eng@2020-02-10

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