Aggrey Aluzimbi Shikali v Richard Chesire Cherop & another [2020] KEELC 3793 (KLR)
The bottom line
#A Kenyan landowner lost his title because his own evidence showed the plot he bought was a kilometre away from the land he claimed.
What this practically means
#Executive summary
#Key legal issues
#Whether the plaintiff proved ownership of plot No. 294
The plaintiff failed to prove ownership; the land sold to him by Philip was located about one kilometre away, and no evidence explained his purported relocation onto the defendants' land.
The plaintiff's own witnesses placed the land he purchased on the upper side of the farm, distant from the suit land. No evidence showed his house was affected by the survey so as to justify relocation under the local rule, and no agreement for sale of the suit land existed between him and the 2nd defendant. The 1st defendant purchased from the 2nd defendant in 1998 and immediately took possession.
Whether the plaintiff's title to plot No. 294 should be cancelled
Yes; the registration of the plaintiff as proprietor was improper and the title was cancelled, with the land to be shared equally between the defendants on their counterclaims.
It followed from the failure of the plaintiff's claim that his registration was not proper. The court found the Farm Management Committee and responsible surveyors - not joined as parties - were largely culpable for the plaintiff's misfortunes, which informed the decision on costs. Judgment was entered on both counterclaims.
Legal principles established
#- A party asserting entitlement to land must prove his claim on a balance of probabilities; a title procured through the questionable practices of a farm management committee without explanation cannot displace long-standing possession by parties with a proven root of title.
Court orders
#- 1.The plaintiff's claim in the main suit is hereby dismissed.
- 2.Judgment is entered in favour of the defendants in their respective counterclaims.
- 3.The title No. Moi's Bridge/Moi's Bridge Block 12(Ex-Cullen)/294 registered in the plaintiff's name is hereby cancelled.
- 4.The lands register in respect of Moi's Bridge/Moi's Bridge Block 12(Ex-Cullen)/294 shall be rectified and the suit land shall be transferred to each of the defendants in equal shares.
- 5.Each party shall bear their own costs of the suit and the counterclaim.
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court over land disputes (claim for declaration of ownership, mesne profits and cancellation of title); specific provision not cited in the judgment
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Aggrey Aluzimbi Shikali v Richard Chesire Cherop & another [2020] KEELC 3793 (KLR)", Case Analysis (2020). Kitale ELC Civil Suit (amended plaint dated 19/8/2013) - number not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/3793/eng@2020-01-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.