Seif Mohamed Said & 3 others v Nassir Mbaraka Baghrab [2021] KEELC 4670 (KLR)
The bottom line
#A Malindi court ordered a tenant to demolish unauthorized building additions after the landlords proved ownership with unchallenged documents.
What this practically means
#Executive summary
#Key legal issues
#Proof of ownership of the suit premises
The Plaintiffs proved ownership of Plot No. 4289 Malindi, a portion of Plot No. 4089 Malindi, through a registered indenture (PEx 3) and a Deed Plan (PEx 4).
The Plaintiffs produced the registered indenture evidencing ownership of Plot No. 4089 Malindi, transferred to them on 3rd September 1999 by the original owner, Rashid Bin Azzan Bin Rashid El-Sakry, together with a Deed Plan for the portion. The Defendant, though served and having entered appearance, filed no defence and adduced no contrary evidence, so the ownership claim stood uncontroverted and was proved on a balance of probabilities.
Breach of the terms of occupation
The Defendant, permitted to occupy on condition he construct only a single storey residential house, breached the agreed terms by adding a concrete ceiling with a view to constructing further accommodation without consent.
PW1 testified that the Defendant entered the premises in 1988 on a rental basis under agreed terms permitting only a single storey residential house. Despite demand notices, the Defendant expanded the house by adding a concrete ceiling without the Plaintiffs' consent or County Government of Kilifi approval. A surveyor's report and photographs confirmed the ongoing construction, establishing breach of the terms of occupation.
Legal principles established
#- Uncontroverted evidence, if credible, may prove a claim on a balance of probabilities.
Court orders
#- 1.Judgment entered for the Plaintiffs as prayed in the Plaint
- 2.Defendant given 30 days upon service of the decree to demolish the offending structures, failing which the process set out in Prayer No. 2 of the Plaint (engagement of a contractor at the Defendant's cost) shall set in
- 3.Costs of the suit awarded to the Plaintiffs
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court over disputes relating to land (not expressly cited in the judgment)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Seif Mohamed Said & 3 others v Nassir Mbaraka Baghrab [2021] KEELC 4670 (KLR)", Case Analysis (2021). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/4670/eng@2021-01-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.