[2008] KEHC 2486 (KLR)
The court found that the plaintiff had proved on a balance of probabilities that he is the true and lawful owner of land parcel No. 971, having purchased it through a valid agreement and obtained the necessary consent and confirmation from the District Land Adjudication Officer. The defendant failed to contest the...
Source-derived case information.
- Citation
- [2008] KEHC 2486 (KLR)
- Parties
- Plaintiff: Abraham Lincoln Kimweli; Defendant: Andrew Kinama Mulika
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Civil Case 79 of 2005
- Procedural Posture
- Civil Case / Judgment
- Outcome
- judgment for the plaintiff
- Judges
- I Lenaola
- Legal Topics
- Ownership Dispute, Land Adjudication, Possession Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Abraham Lincoln Kimweli
Plaintiff
Andrew Kinama Mulika
Defendant
Procedural Posture
Civil Case / Judgment
Legal Issues
- 1 Whether the plaintiff is the lawful owner of land parcel No. 971 within Kilome/Kilungu Adjudication Section.
- 2 Whether the plaintiff is entitled to possession and exclusive use of the suit land.
- 3 Whether the plaintiff is entitled to damages for alleged loss.
Ratio Decidendi
The court found that the plaintiff had proved on a balance of probabilities that he is the true and lawful owner of land parcel No. 971, having purchased it through a valid agreement and obtained the necessary consent and confirmation from the District Land Adjudication Officer. The defendant failed to contest the claim, and evidence from the plaintiff and PW1, the defendant's brother, confirmed the plaintiff's exclusive right to the land. The court therefore granted judgment in favour of the plaintiff for possession and exclusive use of the land, but dismissed the claim for damages due to lack of proof.
Court Disposition
judgment for the plaintiff
Orders
- Plaintiff declared lawful owner of land parcel No. 971 within Kilome/Kilungu Adjudication Section.
- Plaintiff entitled to possession and exclusive use of the suit land.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MACHAKOS
Civil Case 79 of 2005
ABRAHAM LINCOLN KIMWELI ……………………..……..… PLAINTIFF
VERSUS
ANDREW KINAMA MULIKA ………..………....................... DEFENDANT
JUDGMENT
1. The Plaintiff, Abraham Lincoln Kimweli has filed this suit against the Defendant, Andrew Kinama Mulika.
2. In the Plaint dated 2/9/2005 and filed on 6/9/2005 and in evidence by PW1, Joel Waita Kinama and the Plaintiff’s lawful attorney and mother, Rodah Nathan Kimweli, it is the Plaintiff’s case that by an agreement made on 12/12/1999 (P. Exh.1), he bought plot No. 971 within Kilome/Kilungu Adjudication Section from PW1, Joel Waita. The purchase price was Kshs.80,000/= and on that day he paid Kshs.40,000/= and later, kshs.20,000/=. P. Exh.5 is a letter from the District Land Adjudication Officer, Makueni District confirming that the Plaintiff is now the owner of the suit land. P Exh.4 is a consent under S.30 of the Land Adjudication Act to institute these proceedings.
3. From the evidence before me and since the Defendant has failed to enter appearance or file a defence, I can only conclude that the Plaintiff has proved on a balance of probabilities that he is the true and lawful owner of land parcel No. 971 in issue.
4. He is entitled to possession and exclusive use of that parcel of land and PW1, brother of the Defendant has confirmed that the Defendant has no shade of right to occupation of the land at all.
5. I have little choice but to enter judgment for the Plaintiff as prayed in paragraphs (1) of the plaintiff save that no proof of damages suffered has been made and the claim in that regard is dismissed. Paragraph 2 is granted as prayed.
6. Costs follow the event and so the Plaintiff will have costs of the suit.
7. Orders accordingly.
Dated and delivered at Machakos this 28thday of May2008.
ISAAC LENAOLA
JUDGE