Kibor & 3 others v Vincent Chemweno, the Chairman Board of Management, Kamosong Primary School (Environment and Land Case 31 of 2022) [2024] KEELC 1576 (KLR)
The bottom line
#The Environment and Land Court in Iten ruled that a 1980s oral land exchange with Kamosong Primary School was valid and enforceable, overriding the plaintiffs' registered titles.
What this practically means
#Executive summary
#Key legal issues
#Existence of land exchange agreements
The court found as a fact that land exchange agreements existed between the plaintiffs' predecessors in title and the defendant school
After considering the totality of the evidence, including the testimonies of D.W.1, D.W.3, D.W.4 and D.W.5, the school's record book (Dexbt 1) with minutes and compensation records, and the correspondence with settlement authorities, the court found that the original owners surrendered portions of the suit properties and were compensated with parcels in Kapkoi and Kahungura Settlement Schemes.
Implementation of the exchange agreements
The court held that the exchange agreements were acted upon and implemented
The court found the compensation parcels (plots 218, 219, 390 and 438 in the settlement schemes) were registered in the names of the plaintiffs' predecessors and/or their families, and the school took possession of the ceded portions and built classrooms, demonstrating part performance of the exchange.
Effect of the exchange on the plaintiffs' registered titles
Having proved the exchange and compensation, the defendant was held entitled to the orders in its counterclaim
The court reasoned that since the land in dispute was exchanged for other parcels currently registered in the names of the plaintiffs and/or their predecessors, the plaintiffs' claim that the school was a trespasser failed, and the defendant had proved its counterclaim seeking cancellation of titles, subdivision to be declared null and void, rectification of the register and a permanent injunction.
Validity of the oral exchange agreement under the Law of Contract Act
The oral agreements of the 1980s were not invalidated by section 3(3) of the Law of Contract Act
The defendant submitted, relying on the Anderson Omondi Owandho case, that the amendments to the Law of Contract Act requiring written dispositions of land took effect in 2003, well after the 1980s exchange agreements, and the court's finding that the exchanges existed and were implemented accords with that position.
Legal principles established
#- Registration of title under the Land Registration Act confers absolute ownership, but possession/occupation of land constitutes an equitable interest overriding such title
- Section 3(3) of the Law of Contract Act, which came into effect in 2003, does not invalidate oral contracts for the sale or exchange of land concluded before that amendment
Court orders
#- 1.The defendant's counterclaim dated 14th June 2016 is granted as sought, except the prayers for general damages for trespass, mesne profits and costs
- 2.Cancellation of the plaintiffs' titles to land parcels Mosop/Lelboinet/386 and 710 or, in the alternative, that 2 acres each be curved out of Mosop/Lelboinet/386 and 710 and registered in the name of the defendant school
- 3.Declaration that the subdivision of Mosop/Lelboinet/335 into Mosop/Lelboinet/710 and 711 by the 4th plaintiff is null and void and cancellation of the resultant parcels
- 4.Declaration that the defendant school is a beneficiary to the estates of Cheptum Maina and Joel Kibor Chebolet, with 5 acres to be curved out of each estate and registered in the name of the defendant school
- 5.Rectification of the register to reflect the above orders
- 6.Permanent injunction restraining the plaintiffs from laying any claim to or interfering with the aforesaid parcels upon rectification of the register
- Jurisdiction invoked
- Original civil jurisdiction of the Environment and Land Court over title, occupation and use of land (suit properties Mosop/Lelboinet/337, 386, 387 and 710)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kibor & 3 others v Vincent Chemweno, the Chairman Board of Management, Kamosong Primary School (Environment and Land Case 31 of 2022) [2024] KEELC 1576 (KLR)", Case Analysis (2024). ELC Case of 2016 (formerly Nandi HCCC No. 32 of 2016) – plaint dated 2nd December, 2016. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/1576/eng@2024-03-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.