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ELCAllowedNot stated in judgment (Plaint dated 25th March, 2019)· [2024] KEELC 3862 (KLR)

Karuta & another v Embakasi Ranching Company Ltd & 8 others (Environment & Land Case 292 of 2019) [2024] KEELC 3862 (KLR)

Environment and Land Court
30 April 2024
MMM.D. Mwangi
3,103 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The Environment and Land Court confirmed a family's ownership of 26 Ruai plots after the defendants failed to present any evidence in their defence.

What this practically means

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Executive summary

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In a suit filed by plaint dated 25th March 2019, the two Plaintiffs (spouses, members of the 1st Defendant land-buying company, Embakasi Ranching Company Limited) claimed ownership of 26 plots originally carved out of the 1st Defendant's parcel known as Nairobi L.R No. 12979/2 at Ruai, later registered under Nairobi Block 136 with individual parcel numbers. They alleged that the Defendants fraudulently altered the company's register, records and survey maps and allocated the Plaintiffs' plots to themselves, with the 2nd Defendant (the land registry) processing title deeds in favour of the other Defendants. They sought a permanent injunction, a declaration of ownership, orders for registration and cancellation of entries, and costs. The 1st, 3rd and 4th Defendants filed a joint defence denying fraud and asserting lawful allocation, with the 3rd and 4th pleading misjoinder; the remaining Defendants did not enter appearance. At the hearing, Defendants' counsel did not appear and no defence evidence was adduced. The 2nd Plaintiff testified and produced share certificates and plot ownership cards. The court framed two issues: whether the Plaintiffs proved ownership, and whether they were entitled to the orders sought. Relying on authorities on the consequences of failure to adduce evidence and the balance-of-probabilities standard, the court held the Plaintiffs' uncontroverted evidence had established their case. The suit was allowed in its entirety: a permanent injunction was issued, ownership of the suit parcels was declared vested in the Plaintiffs, the Defendants were directed to register the Plaintiffs as owners and forward documents to the Chief Land Registrar, the 2nd Defendant was ordered to cancel all contrary entries and register the Plaintiffs, and costs were awarded to the Plaintiffs against the Defendants jointly and severally. Judgment was delivered virtually at Nairobi on 30th April 2024 by M.D. Mwangi, J.

Key legal issues

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01

Whether the Plaintiffs proved ownership of the suit properties

Holding

Yes, on a balance of probabilities, supported by share certificates and plot ownership cards, and uncontroverted by the Defendants who adduced no evidence.

Reasoning

The 2nd Plaintiff testified and produced share certificates and plot ownership cards. The 1st, 3rd and 4th Defendants filed defences but called no evidence at the hearing, leaving the Plaintiffs' evidence unchallenged. Applying the civil standard of balance of probabilities, the court was persuaded ownership was established.

p. 6
02

Whether the Plaintiffs are entitled to the orders sought

Holding

Yes; having proved their case, the Plaintiffs were granted all reliefs sought, including a permanent injunction, declaration of ownership, rectification orders and costs.

Reasoning

Since the Plaintiffs proved ownership on a balance of probabilities and the Defendants' pleaded denials were unsubstantiated for want of evidence, the court held the Plaintiffs entitled to the prayers in the plaint and issued the injunction, declaration, registration and cancellation orders together with costs.

p. 6

Legal principles established

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  • Where a party fails to adduce evidence, its pleadings remain mere statements of fact and the opposing evidence stands uncontroverted.
  • The burden of proof in civil cases is on a balance of preponderance of probabilities.

Court orders

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  1. 1.A permanent injunction restraining the Defendants from registering, transferring or in any other way taking or assuming possession and ownership of the suit parcels
  2. 2.A declaration that the suit land parcels belong to the Plaintifis
  3. 3.An order directing the Defendants to register and forward documents to Chief Land Registrar showing that the Plaintifis are the owners of the said lands
  4. 4.An order directing the 2nd Defendant to cancel all entries, information and registration showing the parcels as belonging to persons other than the Plaintifis and to register the Plaintifis as owners
  5. 5.Costs of the suit awarded to the Plaintifis against the Defendants jointly and severally

Authorities

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Cases cited (6)

  • Linus Nganga Kiongo & 3 Others v Town Council of Kikuyu
    [2012] eKLR
  • Motex Knitwear Limited v Gopitex Knitwear Mills Limited
    Nairobi (Milimani) HCCC No. 834 of 2002
  • Autar Singh Bahra and Another v Raju Govindji
    HCCC No. 548 of 1998
  • Trust Bank Limited v Paramount Universal Bank Limited & 2 Others
    Nairobi (Milimani) HCCS No. 1243 of 2001
  • Palace Investment Ltd v Geoffrey Kariuki Mwenda & Another
    (2015) eKLR
  • Miller v Minister of Pensions
    (1947) 2 ALL ER 372
Jurisdiction invoked
Original civil jurisdiction over land disputes (Environment and Land Court)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Karuta & another v Embakasi Ranching Company Ltd & 8 others (Environment & Land Case 292 of 2019) [2024] KEELC 3862 (KLR)", Case Analysis (2024). Not stated in judgment (Plaint dated 25th March, 2019). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/3862/eng@2024-04-30

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.