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ELCAllowedELC No. 998 of 2016· [2021] KEELC 3484 (KLR)

Braodwell Limited v Daylight Self-Help Group [2021] KEELC 3484 (KLR)

Environment and Land Court
18 February 2021
EOE. O. Obaga
410 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The Environment and Land Court confirmed a company's ownership of Nairobi land and ordered squatters who had built on it to be evicted.

What this practically means

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Executive summary

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Broadwell Limited sued Daylight Self-Help Group seeking a permanent injunction against trespass, eviction of the defendant, and a declaration that the plaintiff is the legal owner of LR No. 18282, together with costs and interests. The defendant's officials were served with summons to enter appearance but neither filed a defence nor attended the formal proof hearing, despite a hearing notice being served. At the hearing, the plaintiff's director, Vincent Sakwa Maitsi, testified that the suit property was allocated to him by the Nairobi City Council; a lease was processed and registered in the plaintiff company's name, and the property was subsequently charged to Kenya Commercial Bank in Nakuru. He explained that groups of individuals had over the years invaded the property, and that the invaders eventually registered the defendant group, subdivided the suit property, and constructed residential and commercial buildings on it. The plaintiff produced the lease and charge documents. The court identified a single issue: whether the plaintiff had proved its case on a balance of probabilities. Finding the plaintiff's evidence uncontroverted and the documents establishing that the suit property belongs to the plaintiff, the court held the case proved and entered judgment for the plaintiff in terms of prayers (a), (b) and (c) of the plaint dated 16th August 2016, being the permanent injunction, eviction, declaration of ownership, and costs and interests. Judgment was delivered at Nairobi on 18th February 2021 by E. O. Obaga, Judge.

Key legal issues

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01

Whether the plaintiff proved ownership of LR No. 18282 on a balance of probabilities in an undefended formal proof suit

Holding

The court found that the suit property belongs to the plaintiff and that the plaintiff proved its case on a balance of probabilities, entering judgment in terms of prayers (a), (b) and (c).

Reasoning

The plaintiff's director testified that the suit property was allocated by the Nairobi City Council, a lease was registered in the plaintiff company's name, and the property was charged to Kenya Commercial Bank. The lease and charge documents were produced in evidence. The defendant, though served with summons and a hearing notice, neither entered appearance nor filed a defence nor attended the hearing. The evidence was therefore uncontroverted and supported the prayers sought.

p. 1

Legal principles established

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  • In an undefended suit, the plaintiff proves its case on a balance of probabilities through uncontroverted evidence at formal proof.

Court orders

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  1. 1.Judgment entered for the Plaintiff in terms of prayers (a), (b) and (c) of the Plaint dated 16th August 2016
  2. 2.Permanent injunction restraining the Defendant from trespassing onto the suit property
  3. 3.Eviction of the Defendant from the suit land
  4. 4.Declaration that the Plaintiff is the legal owner of LR No. 18282
  5. 5.Costs and interests to the Plaintiff
Jurisdiction invoked
Article 162(2)(b) of the Constitution establishing the Environment and Land Court (court seized of a dispute over title to land, LR No. 18282)

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, "Braodwell Limited v Daylight Self-Help Group [2021] KEELC 3484 (KLR)", Case Analysis (2021). ELC No. 998 of 2016. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/3484/eng@2021-02-18

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