Stringslel Limited v Kamotho & 9 others
The bottom line
#A Kenyan landowner lost its eviction bid because it skipped the mandatory three-month notice procedure required by the Land Act before evicting occupants.
What this practically means
#Executive summary
#Key legal issues
#Whether eviction orders should issue against the Respondents
Eviction orders refused because the applicant failed to comply with section 152E of the Land Act and failed to prove the prior orders and its standing under them
The court held that ownership alone is insufficient: a certificate of lease established ownership, but the applicant did not show service of the statutory eviction notice of not less than three months, its publication and service on the deputy county commissioner and police. Further, the ruling annexed from ELC No. 89 of 2019 showed only dismissal of an injunction application, not the vacation orders claimed.
Costs of the application
No order as to costs despite the applicant's reliance on section 27 of the Civil Procedure Act
Having failed on the substantive application, the applicant did not earn the costs of a successful party. The court dismissed the application with no order as to costs, departing from the applicant's submission that a successful party is entitled to costs.
Legal principles established
#- An owner seeking eviction of unlawful occupants must strictly comply with the statutory pre-eviction notice procedure under section 152E of the Land Act before eviction orders can issue
- A party relying on orders in a previous suit must attach evidence of those orders and of its own standing as a party to or beneficiary of them
Court orders
#- 1.The application dated October 6, 2022 is dismissed with no order as to costs
- Jurisdiction invoked
- Sections 1A, 1B, 3A and 63E of the Civil Procedure Act; Order 51 Rule 1 of the Civil Procedure Rules; sections 15A, 152A, 152B, 152E and 152G of the Land Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Stringslel Limited v Kamotho & 9 others", Case Analysis (2023). Environment and Land Miscellaneous Application E040 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/15741/eng@2023-02-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.