Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELCAllowedNot stated in the judgment· [2024] KEELC 6837 (KLR)

Gisa v Letela & another (Environment & Land Miscellaneous Case E043 of 2023) [2024] KEELC 6837 (KLR)

Environment and Land Court
15 October 2024
624 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~2 min to read original · ~4 min brief

The bottom line

#

A registered Kenyan landowner won an eviction order after serving the proper statutory notice and proving title, with police ordered to enforce it.

What this practically means

#

Executive summary

#
This is a ruling of the Environment and Land Court at Kajiado (M.N. Gicheru, J) on a notice of motion dated 8/11/2022 brought by the applicant, Teteiyo Ene Gisa, the registered proprietor of L.R. Kajiado/Dalalekutuk/16788 in Kajiado Central Sub County. The applicant sought an order of eviction against the respondents, Sosiso Mosiany Letela and Lesimai Mosiany Letela, their agents and servants, pursuant to a notice to vacate dated 15/6/2022 that lapsed on 16/9/2022; enforcement of the eviction by the OCPD and OCS Kajiado Police Station; and costs. The motion was brought under Sections 1A and 3A of the Civil Procedure Act and Section 153 of the Land Act, supported by an affidavit with three annexures. The applicant asserted that the respondents had illegally entered the land, built structures and grazed livestock, and had threatened him when asked to leave; the notice to vacate was served on the respondents and on the County Commissioner and OCS. The respondents' counsel filed a notice of appointment but nothing further despite service. The court framed four issues: registered ownership, lawfulness of occupation, compliance of the notice with Section 152E of the Land Act, and entitlement to the orders sought. It found the applicant the absolute and indefeasible owner under Section 26(1) of the Land Registration Act; the respondents in unlawful occupation for failure to respond; and the statutory notice duly served. The motion was allowed in terms of prayers 2, 3 and 4, with eviction ordered and police enforcement directed, costs to the respondents.

Key legal issues

#
01

Registered ownership of the suit land

Holding

The applicant is the registered owner of L.R. Kajiado/Dalalekutuk/16788, as evidenced by the title deed dated 16/6/2021.

Reasoning

The applicant annexed a copy of his title deed dated 16/6/2021. Under Section 26(1) of the Land Registration Act, such a title is prima facie evidence of absolute and indefeasible ownership, and no contrary evidence was adduced by the respondents.

p. 2
02

Lawfulness of the respondents' occupation

Holding

The respondents are in unlawful occupation having failed to respond to the motion despite service.

Reasoning

The respondents' counsel filed a notice of appointment but nothing further. Their failure to file a replying affidavit or grounds of opposition, despite due service, left the applicant's assertion of illegal entry, structures and grazing uncontroverted.

p. 2
03

Compliance of the notice to vacate with Section 152E of the Land Act

Holding

The notice to vacate dated 15/6/2022 complied with Section 152E, having been served on the respondents and on the Deputy County Commissioner and the OCS of the area.

Reasoning

The notice was served personally on the respondents by a process server at Kajiado Town and on the suit land, and also served on the County Commissioner and the OCS Kajiado Police Station. The court found the requisite notice under Section 152E duly served.

p. 2

Legal principles established

#
  • A certificate of title is prima facie evidence of absolute and indefeasible ownership under Section 26(1) of the Land Registration Act.
  • A respondent served with a motion who files neither a replying affidavit nor grounds of opposition is taken to be in unlawful occupation where the applicant proves registered title and due notice.

Court orders

#
  1. 1.An order of eviction against the respondents, their agents and/or servants, from L.R. Kajiado/Dalalekutuk/16788
  2. 2.The OCPD and the OCS Kajiado Police Station to enforce the eviction order
  3. 3.Costs of the application borne by the respondents
Jurisdiction invoked
Sections 1A and 3A of the Civil Procedure Act and Section 152E of the Land Act (Act No. 6 of 2012)

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Gisa v Letela & another (Environment & Land Miscellaneous Case E043 of 2023) [2024] KEELC 6837 (KLR)", Case Analysis (2024). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/6837/eng@2024-10-15

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