Sordo v County Government of Narok & 2 others
The bottom line
#A Narok court dismissed a Kshs 98 million demolition claim because the landowner could not prove the plot was ever validly allocated to him.
What this practically means
#Executive summary
#Key legal issues
#Whether the suit property was validly allocated to the plaintiff and was available for allocation
No valid allocation was proved; the property was a road reserve and does not exist in law
The minutes of 20th July 1978 relied on by the plaintiff do not bear his name under minute 27/78 or anywhere else. The Part Development Plans of 1966, 1969 and 1976 show the location as a road reserve. No application for allocation, prior minutes or survey plans were produced. The plaintiff did not dispute those plans and was mute on how the plot appeared in the 2015 Zoning Plan.
Whether the plaintiff is entitled to the reliefs sought including injunction, reinstatement and damages
Not entitled; the suit was dismissed in its entirety
Having found the plaintiff was not the registered owner and that the suit property does not exist, the court held there was no need to determine the remaining issues. All reliefs, including special damages of Kshs. 98,280,000/- and general damages, fell away with the failure of the ownership claim.
Legal principles established
#- A letter of allotment must be based on an approved Part Development Plan and compliance with its terms precedes survey and issuance of a Certificate of Lease
- A plaintiff claiming ownership of allocated land must prove the allocation; minutes not naming the allottee cannot establish title
Court orders
#- 1.The plaint dated 9th January, 2018 is dismissed
- 2.Each party to bear its own costs
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court over land disputes (Article 162(2)(b) Constitution)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Sordo v County Government of Narok & 2 others", Case Analysis (2023). Environment & Land Case 1 of 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/21282/eng@2023-11-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.