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ELCPartially AllowedNot stated in the judgment (plaint filed 22nd September 2016)· [2021] KEELC 2716 (KLR)

Jaqueline Njeri Njuguna & another (Suing as the Administratrixes of the estate of David Ng’ang’a Njuguna (Deceased) v Zablon Mbugua Karanja & 4 others [2021] KEELC 2716 (KLR)

Environment and Land Court

24 June 2021

DOD. O. Ohungo

1,250 words in judgment

View original judgment Read on Kenya Law Watch case

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The bottom line

A Kenyan court ordered a man who claimed he bought land to vacate within 30 days because he never proved his purchase, confirming the title certificate wins.

What this practically means

Executive summary

The plaintiffs, administratrixes of the estate of David Ng'ang'a Njuguna, sued the defendants for trespass onto land reference 1556/5 near Naivasha, measuring about 7.951 hectares, registered in the deceased's name since 21st September 1987. They sought vacant possession, eviction, a permanent injunction, general damages for trespass, costs, and police security for enforcement. The 1st, 2nd, 3rd and 5th defendants did not defend and the case against them was withdrawn on 27th January 2020 after they vacated. The 4th defendant filed a defence claiming he bought five acres from the deceased and his wife for KShs 1,200,000 under an agreement of 2nd March 2004, took occupation and resold plots to 59 people, but he did not appear at the hearing and adduced no evidence. The 2nd plaintiff testified, producing the grant of letters of administration, a transfer dated 21st September 1987 and a certified certificate of title. The court held that under Sections 24 and 26 of the Land Registration Act the certificate of title is conclusive evidence of proprietorship and registration vested absolute ownership in the deceased's estate; the unchallenged defence allegations of purchase did not displace this. The plaintiffs proved their case on a balance of probabilities. Judgment was entered for vacant possession within 30 days, eviction in default, a permanent injunction, and police security during enforcement, with costs to the plaintiffs. General damages for trespass were refused for lack of submissions on quantum.

Key legal issues

Proof of proprietorship by certificate of title

Holding

The plaintiffs established that the deceased was the registered proprietor since 21st September 1987, and the certificate of title is conclusive evidence of proprietorship

Reasoning

The plaintiffs produced a certified copy of the certificate of title showing registration of the deceased on 21st September 1987. Under Section 26 of the Land Registration Act the certificate is conclusive evidence of proprietorship, and under Section 24 registration vested absolute ownership in the deceased and his estate. The 4th defendant, who filed a defence but adduced no evidence, did not displace this.

p. 2

Effect of an undefended claim where the defendant files a defence but leads no evidence

Holding

The plaintiffs' case remained unchallenged and was proven on a balance of probabilities

Reasoning

Although the 4th defendant filed a statement of defence claiming he purchased five acres from the deceased and his wife, he did not appear at the hearing or adduce any evidence. The defence allegations therefore remained unproven, and the plaintiffs' unchallenged evidence of trespass and refusal to vacate satisfied the balance-of-probabilities standard.

p. 2

Legal principles established

A certificate of title is conclusive evidence of proprietorship under Section 26 of the Land Registration Act
Registration of a proprietor vests absolute ownership in him and his estate under Section 24 of the Land Registration Act

Court orders

1.The 4th defendant, his servants, agents and any person acting on his behalf to vacate and give vacant possession of Land Reference Number 1556/5 to the plaintiff within 30 (thirty) days of service of this order
2.In default, the 4th defendant, his servants, agents and any person acting on his behalf be evicted from Land Reference Number 1556/5
3.A permanent injunction restraining the 4th defendant by himself, his agents, servants or any person acting on his behalf from encroaching, entering or trespassing onto Land Reference Number 1556/5
4.The O.C.S Naivasha Police Station to provide security during the enforcement of the eviction order
5.The 4th defendant shall pay the plaintiffs' costs of the suit

Authorities

Legislation

Land Registration ActSection 24(a)
Land Registration ActSection 25(1)
Land Registration ActSection 26(1)
Constitution of Kenya, 2010Article 40(1) and (2)

Cases cited (1)

Benjamin Kipkulei vs. Shadrack Kamamia & 7 Others
Nakuru H.C ELC 346 of 2015

Jurisdiction invoked: Not expressly stated; first-instance suit under the Land Registration Act 2012 (Sections 24, 25(1), 26(1)) and Article 40 of the Constitution

Key timeline

Practical implications

Frequently asked questions

Cite this brief

Caselaw, "Jaqueline Njeri Njuguna & another (Suing as the Administratrixes of the estate of David Ng’ang’a Njuguna (Deceased) v Zablon Mbugua Karanja & 4 others [2021] KEELC 2716 (KLR)", Case Analysis (2021). Not stated in the judgment (plaint filed 22nd September 2016). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/2716/eng@2021-06-24

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