[2014] KEHC 995 (KLR)
The court found that the plaintiff had established her ownership of L.R No. Kimilili/Kibingei/1420 by producing a valid title deed. The defendant, despite being served, failed to file a defence or attend the hearing. In the absence of any challenge to the plaintiff's evidence or claim, the court accepted the...
Source-derived case information.
- Citation
- [2014] KEHC 995 (KLR)
- Parties
- Plaintiff: Anne Nabalayo Khaemba; Defendant: Everlye Asika
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Civil Case 102 of 2012
- Procedural Posture
- Civil Case / Judgment
- Outcome
- Plaintiff's claim allowed as prayed with costs.
- Judges
- SN Mukunya
- Legal Topics
- Eviction, Trespass, Ownership of Land
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Anne Nabalayo Khaemba
Plaintiff
Everlye Asika
Defendant
Procedural Posture
Civil Case / Judgment
Legal Issues
- 1 Whether the plaintiff is the lawful owner of L.R No. Kimilili/Kibingei/1420.
- 2 Whether the defendant has trespassed onto the plaintiff's land without consent.
- 3 Whether the plaintiff is entitled to an order of eviction against the defendant.
Ratio Decidendi
The court found that the plaintiff had established her ownership of L.R No. Kimilili/Kibingei/1420 by producing a valid title deed. The defendant, despite being served, failed to file a defence or attend the hearing. In the absence of any challenge to the plaintiff's evidence or claim, the court accepted the plaintiff's case as uncontroverted. The law entitles a registered proprietor to exclusive possession of their land and to seek eviction of trespassers. Accordingly, the court granted the orders sought by the plaintiff, including eviction of the defendant from the suit property and costs of the suit.
Court Disposition
Plaintiff's claim allowed as prayed with costs.
Orders
- The defendant is evicted from L.R No. Kimilili/Kibingei/1420.
- The plaintiff is granted exclusive possession of the suit property.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
IN THE ENVIRONMENT & LAND COURT OF KENYA
AT BUNGOMA
CIVIL CASE NO. 102 OF 2012
ANNE NABALAYO KHAEMBA …................................. PLAINTIFF
VERSUS
EVERLYE ASIKA ….................................................... DEFENDANT
JUDGMENT
[1]. The plaintiff filed this suit for eviction against the defendant alleging that she is the owner of L.R. No. Kimilii/Kibingei/359 (later ammended to read L.R No. Kimilili/Kibingei/1420) including all the developments thereon. She avers that the defendant has trespassed into the said land and taken possession of the same without the consent of the plaintiff. The plaintiff therefore claims for an order of eviction against the defendant evicting her from the said land. The plaintiff annexed title deed number Kimilili/Kibingei/1420 comprising (0. 08) hectares issued to her on 9th October 2009.
[2]. The defendant was duly served on 15th May 2012 and a return of service filed in court on 29th August 2012. The plaint was amended on 13th July 2012. The same was served on 27th February 2014 upon M/s Chepseba & Co. Advocates. A hearing notice for 17th September 2014 was served on the said advocates on 18th November 2014.
[3]. During the hearing on 9th December 2014, the defendants and their advocates never attended. They have not filed a defence either.
[4]. Under the circumstances I allow the plaintiff's claim as prayed in the ammended plaint with costs.
Dated and delivered this 18th day of December 2014.
S. MUKUNYA
JUDGE.