[2009] KEHC 2861 (KLR)
The court found that the plaintiff is the registered proprietor of the suit property, L.R. No. TANA RIVER/WITU/557, and that the defendant has no proprietary interest in the land. The defendant's actions constituted trespass, and the plaintiff proved his case on a balance of probability. The court relied on section...
Source-derived case information.
- Citation
- [2009] KEHC 2861 (KLR)
- Parties
- Plaintiff: Ali Said Kicheo; Defendant: Said Buya
- Court
- High Court
- Court Station
- High Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Civil Case 41 of 2007
- Procedural Posture
- Civil Case / Judgment
- Outcome
- Judgment for the plaintiff.
- Legal Topics
- Eviction, Permanent Injunction, Registered Land, Trespass, Proprietary Interest
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ali Said Kicheo
Plaintiff
Said Buya
Defendant
Procedural Posture
Civil Case / Judgment
Legal Issues
- 1 Whether the plaintiff is the absolute owner of L.R. No. TANA RIVER/WITU/557.
- 2 Whether the defendant is a trespasser on the suit property.
- 3 Whether the plaintiff is entitled to eviction orders and a permanent injunction against the defendant.
Ratio Decidendi
The court found that the plaintiff is the registered proprietor of the suit property, L.R. No. TANA RIVER/WITU/557, and that the defendant has no proprietary interest in the land. The defendant's actions constituted trespass, and the plaintiff proved his case on a balance of probability. The court relied on section 27 of the Registered Land Act, which confers absolute ownership to the registered proprietor, and determined that the plaintiff was entitled to eviction orders and a permanent injunction to protect his proprietary rights.
Court Disposition
Judgment for the plaintiff.
Orders
- Eviction order granted against the defendant from L.R. TANA RIVER/WITU/557.
- Permanent injunction restraining the defendant, his servants, agents, employees or any person claiming under him from interfering with L.R. TANA RIVER/WITU/557.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MALINDI
Civil Case 41 of 2007
ALI SAID KICHEO ........................................... PLAINTIFF.
VERSUS
SAID BUYA..................................................... DEFENDANT.
J U D G M E N T.
By a plaint dated 6th June, 2007 the plaintiff sued the defendant. He seeks eviction orders coupled with a permanent injunction restraining the defendant, his servants, agents, employees or any person claiming under him from interfering with L.R. NO. TANA RIVER/WITU/557.
At the hearing the plaintiff, ALI SAID KICHEO, testified that he is the registered proprietor of L.R. No. TANA RIVER/WITU/557. Notwithstanding his proprietary interest, the defendant has unlawfully declared the said parcel as his own, and has threatened the plaintiff with dire consequences if he attempts to cultivate the same.
That in addition thereto the defendant has hired agents, servants, employees, hooligans and goons to deal with him in the event he tries to carry on farming activities on the suit land.
On the premises, the plaintiff contended that the defendant has commenced cultivation on the subject parcel to his detriment.
On the available evidence, it is clear to me, on the one hand, section 27 of the Registered Land Act (Cap 300) Laws of Kenya that the plaintiff has absolute ownership of the subject parcel. On other hand, the defendant is a mere trespasser. He has no proprietary interest over the subject parcel.
On the premises, I am inclined to hold and find, as I hereby do, that the plaintiff has thus proved his case on a balance of probability.
Accordingly, I grant the plaintiff eviction orders coupled with a permanent injunction restraining the defendant, his servants, agents, employees or any person claiming under him from interfering with L.R. TANA RIVER/WITU/557 I equally award costs of the suit and interest at court rates to the plaintiff. It is so ordered.
Dated and delivered at Malindi this 7th day of May, 2009.
N.R.O. OMBIJA.
JUDGE.
Michira for Plaintiff.
N/A for Defendant.