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ELCOtherEnvironment & Land Case 945 of 2016· [2023] KEELC 16219 (KLR)
Muiruri t/a Mururi Auto Parts & 5 others v Kihumo Property Devellpers (K) Ltd
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·~1 min to read original · ~4 min briefThe bottom line
#Even when nobody contests your case in court, you must still prove it with witnesses and evidence.
What this practically means
#Executive summary
#This is a short interlocutory ruling by the Environment and Land Court at Nairobi (Mbugua J) in a long-running land suit. By a ruling of November 29, 2017, summary judgment had been entered for the defendant, requiring the plaintiffs to give vacant possession of the suit land; the plaintiffs vacated by July 30, 2018, leaving only the claim for mesne profits outstanding, pursued by the defendant as plaintiff in a counter-claim. On February 21, 2023, counsel for the defendant requested leave to table a valuation report without calling the valuer as a witness, citing difficulties in locating the person who conducted the valuation. The court declined. Relying on Samson S. Maitai v African Safari Club, it held that in formal proof a party must adduce sufficient evidence to raise a presumption that what is claimed is true, and that a claimant in an undefended claim still bears that burden. Since the report must be owned by a party - here the plaintiff in the counter-claim - that party may avail the report itself or through its appointed representatives if the valuer cannot be found. The request to table the report without a witness was refused. No costs order was made. The substantive mesne profits claim remains pending.
Key legal issues
#01
Whether a valuation report may be tabled without a witness in formal proof
Holding
No - the party seeking to rely on the report must avail it through itself or its appointed representatives if the valuer cannot be found
Reasoning
The court applied the formal-proof standard from Samson S. Maitai v African Safari Club: even in an undefended claim the claimant must discharge the burden of proof by adducing sufficient evidence. Since someone must own the report - here the plaintiff in the counter-claim - that party may produce it itself or through appointed representatives; tabling it without a witness was refused.
p. 1
Legal principles established
#- In formal proof a party must adduce sufficient evidence to raise a presumption that what is claimed is true; the burden of proof applies even in undefended claims
Court orders
#- 1.Request to table the valuation report without a witness declined
- 2.The plaintiff (defendant in the counter-claim) at liberty to avail the valuation report by itself or its appointed representatives if the valuer cannot be found
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court over the suit land (Environment and Land Court Act); not expressly stated in the ruling
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Muiruri t/a Mururi Auto Parts & 5 others v Kihumo Property Devellpers (K) Ltd", Case Analysis (2023). Environment & Land Case 945 of 2016. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/16219/eng@2023-03-02
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.