Gisa v Letela & another (Environment & Land Miscellaneous Case E043 of 2023) [2024] KEELC 6837 (KLR)
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
#Key legal issues
#Registered ownership of the suit land
The applicant is the registered owner of L.R. Kajiado/Dalalekutuk/16788, as evidenced by the title deed dated 16/6/2021.
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.
Lawfulness of the respondents' occupation
The respondents are in unlawful occupation having failed to respond to the motion despite service.
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.
Compliance of the notice to vacate with Section 152E of the Land Act
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.
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.
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.An order of eviction against the respondents, their agents and/or servants, from L.R. Kajiado/Dalalekutuk/16788
- 2.The OCPD and the OCS Kajiado Police Station to enforce the eviction order
- 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.