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ELCAllowedNot stated in the judgment as provided· [2017] KEELC 1320 (KLR)

Manea Nasike Sindani v Julius Kuchikhi [2017] KEELC 1320 (KLR)

Environment and Land Court
4 October 2017
SMS. MUKUNYA
305 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court ordered a man who had lived on family land since 1981 to leave, because only heirs named in a confirmed grant can claim a deceased person's land.

What this practically means

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Executive summary

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The plaintiff, daughter of Sindani Siamukoya (deceased, died 1980), sued for recovery of 2½ acres out of LR Bokoli/Chwele/79, of which the deceased was the registered owner. In Bungoma Succession Cause No. 284 of 2013 the plaintiff was appointed administrator of the estate, and the confirmed grant identified the heirs and their shares, with the plaintiff entitled to 2½ acres. She claimed the defendant, who was not a heir or person entitled, refused to vacate her portion even though the land had been subdivided and her portion identified on the ground. The defendant's only claim was that he had been on the land since 1981 and would not move out. The court found that a copy of the confirmation of grant produced in court by the High Court in Bungoma showed the heirs and their respective shares and confirmed the plaintiff's evidence. Holding that the defendant had no reasonable claim to the 2½ acres and that the plaintiff had proved her case, the court granted the prayers in the plaint. It ordered the defendant's eviction from the suit land forthwith, gave him 30 days to vacate, failing which he would be forcibly evicted by the plaintiff and the Court broker with the help of the O.C.S. Chwele police station, and awarded the plaintiff the costs of the suit. Judgment delivered at Bungoma on 4th October 2017 by S. Mukunya, Judge.

Key legal issues

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01

Defendant's entitlement to remain on the plaintiff's allotted share of the deceased's land

Holding

The court held that the defendant, not being a heir or person entitled, had no reasonable claim to the 2½ acres allotted to the plaintiff, and granted the prayers in the plaint including eviction.

Reasoning

The deceased was the registered owner of Bokoli/Chwele/79 and died in 1980. In Bungoma Succession Cause No. 284 of 2013 the plaintiff was appointed administrator and the grant was confirmed, identifying the heirs and their shares, with the plaintiff entitled to 2½ acres. The copy of the confirmation of grant produced in court confirmed the plaintiff's evidence. The defendant's only assertion was occupation since 1981, which the court found gave him no reasonable claim.

p. 2

Legal principles established

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  • A person who is neither a heir nor a person entitled under a confirmed grant of administration has no reasonable claim to occupy land distributed to a beneficiary.

Court orders

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  1. 1.The prayers in the plaint granted
  2. 2.Eviction of the defendant from the suit land forthwith
  3. 3.Defendant to vacate the land within 30 days from the date of the judgment, failing which forcible eviction by the plaintiff and Court broker with the help of the O.C.S. Chwele police station
  4. 4.Plaintiff awarded the costs of the suit
Jurisdiction invoked
Not expressly stated; original civil jurisdiction over land at Bungoma

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, "Manea Nasike Sindani v Julius Kuchikhi [2017] KEELC 1320 (KLR)", Case Analysis (2017). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/1320/eng@2017-10-04

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