Telkom Kenya Limited v Namunyak Conservancy Ltd & another (Environment & Land Case E008 of 2021) [2023] KEELC 19010 (KLR) (27 July 2023) (Judgment)

Summary at a glance

Facts

Telkom Kenya Limited filed a suit against Namunyak Conservancy Ltd and another, seeking a declaration of ownership over a disputed portion of land and an injunction against interference with access.

Issues

• Whether Telkom Kenya Limited has proved its ownership of the disputed portion of land.
• Whether Telkom Kenya Limited has proved the alleged interference with access to the disputed land by the Defendants.
• Whether Telkom Kenya Limited has proved its alternative claim for adverse possession.
• Whether Telkom Kenya Limited is entitled to the relief sought in the suit.
• Who shall bear costs of the suit.

Reasoning

The court found that the Commissioner of Lands' letter of October 8, 1973 was not a letter of allotment but an advisory letter. There was no evidence of allocation of the disputed land to EAPTC or its successors in title.

Outcome

The appeal is upheld.

Orders

• A declaration that Telkom Kenya Limited has an overriding interest over the portion of the disputed land located at coordinates 0.84955, 37.56236 in Samburu County.
• The rest of the prayers in the suit are hereby dismissed.
• Each party shall bear its own costs of the suit.

Remedies

• A declaration of ownership over the disputed land.
• Costs of the suit to be borne by each party.

Authorities cited