Keshenke v Rune (Suing as the Administrator of the Estate of Palle Juel Rune) (Enviromental and Land Originating Summons 404 of 2017) [2024] KEELC 5751 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the Defendant proved ownership of LR No. Kajiado/Loodariak/1092
Yes; the Defendant proved on a balance of probabilities that his late father lawfully purchased and was validly registered as owner of the suit property in 1990
The Defendant produced a certificate of search showing registration of Palle Juel Rune with title issued on 18th December 1990, a letter acknowledging receipt of Kshs. 60,000 purchase price, and a Land Control Board consent application dated 13th September 1990. Under Sections 24(a) and 26 of the Land Registration Act, the title is prima facie and indefeasible. The uncontroverted registration was not shown to have been procured illegally, fraudulently or unprocedurally.
Whether the Defendant was entitled to the reliefs sought in the Counterclaim
The court granted a declaration of ownership and a permanent injunction, though the judgment's final orders do not include the eviction order sought
With the Plaintiff's case dismissed for want of prosecution, the counterclaim stood uncontroverted. The court found no reason to deprive the Defendant of the title and entered judgment accordingly. The final orders granted a declaration, a permanent injunction restraining the Plaintiff from dealing with the property, and costs, but did not expressly grant the eviction order prayed for in the counterclaim.
Who should bear the costs of the suit
The Plaintiff, having instituted proceedings but failed to diligently pursue his claim, should bear the costs
The principle that costs follow the event applied. The Plaintiff instituted the suit but did not prosecute it; there was no compelling reason to depart from the established principle. Costs were accordingly awarded to the Defendant against the Plaintiff.
Legal principles established
#- A certificate of title is prima facie evidence of absolute and indefeasible ownership, challengeable only on proof of fraud, misrepresentation, or illegality, unprocedurality or corruption in its acquisition
- Registration of a person as proprietor vests absolute ownership of the land in that person
- He who alleges must prove; facts asserting a legal right or liability must be proved by the party asserting them
- Costs follow the event unless the court for good reason orders otherwise
Court orders
#- 1.Declaration that Torben Peter (Administrator of the estate of Palle Juel Rune) is the registered owner of property Kajiado/Loodariak/1092
- 2.Permanent injunction restraining the Plaintiff, his servants or assignees from trespassing or in any way dealing with LR No. Kajiado/Loodariak/1092
- 3.Costs of the suit borne by the Plaintiff
- Jurisdiction invoked
- Original jurisdiction under the Environment and Land Court Act (ELC, transferred from Nairobi to Kajiado)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Keshenke v Rune (Suing as the Administrator of the Estate of Palle Juel Rune) (Enviromental and Land Originating Summons 404 of 2017) [2024] KEELC 5751 (KLR)", Case Analysis (2024). Originating Summons dated 14th October 2013 (ELC Nairobi, transferred to Kajiado). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/5751/eng@2024-04-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.