Mary Njambi Kimani & another v Simon Wandeto & 2 others [2014] KEHC 2085 (KLR)

Facts

The Plaintiffs, as administrators of the estate of the deceased Kenneth Kimani Kabunyi, brought an eviction suit against the Defendants, Simon Wandeto and Eunice Wambui, who were occupying the suit land (Limuru/Rironi/T.416). The Plaintiffs produced the original title deed and a current Certificate of Official Search, both bearing the names of the deceased.

Issues

1. Whether the Plaintiffs have proved that the deceased was the registered proprietor of the suit land.
2. Whether the Plaintiffs are entitled to an eviction order.

Reasoning

The court relies on Section 26(1) of the Land Registration Act, which states that a certificate of title is prima facie evidence of the absolute and indefeasible ownership of the land. The court finds that the Plaintiffs have produced valid title documents and that the Defendants' continued occupation of the land is unlawful.

Outcome

Judgment in favor of the Plaintiffs, ordering the Defendants to vacate the suit land and pay the Plaintiffs the costs of the suit.

Authorities cited