[2015] KEHC 3177 (KLR)
The court found that the plaintiff had established ownership of LR No. Kimilili/Kibingei/1420 by producing a valid title deed. The defendant, having been duly served, failed to file a defence or attend the hearing. In the absence of any contrary evidence or defence, the court accepted the plaintiff's claim of...
Source-derived case information.
- Citation
- [2015] KEHC 3177 (KLR)
- Parties
- Plaintiff: Anne Nabalayo Khaemba; Defendant: Everlyne 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.
- 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
Everlyne Asika
Defendant
Procedural Posture
Civil Case / Judgment
Legal Issues
- 1 Whether the plaintiff is the lawful owner of LR No. Kimilili/Kibingei/1420.
- 2 Whether the defendant has trespassed and taken possession of 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 ownership of LR No. Kimilili/Kibingei/1420 by producing a valid title deed. The defendant, having been duly served, failed to file a defence or attend the hearing. In the absence of any contrary evidence or defence, the court accepted the plaintiff's claim of trespass and granted the order of eviction as prayed in the amended plaint, together with costs.
Court Disposition
Plaintiff's claim allowed as prayed with costs.
Orders
- The defendant is evicted from LR No. Kimilili/Kibingei/1420 including all developments thereon.
- The plaintiff is awarded costs of the suit.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUNGOMA
CIVIL CASE NO. 102 OF 2012
ANNE NABALAYO KHAEMBA ………………………PLAINTIFF
VERSUS
EVERLYNE ASIKA…………………DEFENDANT
JUDGEMENT
The plaintiff filed this suit for eviction against the defendant alleging that she is the owner of L.R. No. Kimilili/Kibingei/1359 (Later amended to read LR 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) hactares issued to her on 9th October 2009.
The defendant was duly served 0n 15/5/2012 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 a co-advocate. A hearing notice for 17th September 2014 was served on the said advocates on 18/11/2014.
During the hearing on 9/12/2014 the defendants and their advocates never attended. We have not filed a defence either.
Under the circumstances I allow the plaintiffs claim as prayed in the amended plaint with costs.
DATED at BUNGOMA this 15th day of June, 2015
S. MUKUNYA - JUDGE