[2017] KEHC 953 (KLR)
The court found that the plaintiff had proved ownership of the suit land by producing the title deed for E. Bunyore/Ebuchitwa/1994. The defendants, despite being served, failed to file any pleadings or attend court to contest the plaintiff's claim. There was no evidence to show that the defendants had any legal...
Source-derived case information.
- Citation
- [2017] KEHC 953 (KLR)
- Parties
- Plaintiff: Ayubu Omolo Mwimbi; Defendant: Seline Mboga Mwimbi; Defendant: John Omimbi Assa
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 229 of 2013
- Procedural Posture
- Land Case / Judgment
- Outcome
- Plaintiff's claim allowed. Defendants to be evicted from the suit land. Each party to bear their own costs.
- Legal Topics
- Eviction, Ownership of Land, Title Deeds
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ayubu Omolo Mwimbi
Plaintiff
Seline Mboga Mwimbi
Defendant
John Omimbi Assa
Defendant
Procedural Posture
Land Case / Judgment
Legal Issues
- 1 Whether the plaintiff is the registered owner of Land Parcel E. Bunyore/Ebuchitwa/1994.
- 2 Whether the defendants are unlawfully occupying the plaintiff's land.
- 3 Whether the plaintiff is entitled to an order of eviction against the defendants.
Ratio Decidendi
The court found that the plaintiff had proved ownership of the suit land by producing the title deed for E. Bunyore/Ebuchitwa/1994. The defendants, despite being served, failed to file any pleadings or attend court to contest the plaintiff's claim. There was no evidence to show that the defendants had any legal right to remain on the land. The court held that the plaintiff, as the registered owner, was entitled to exclusive possession and could lawfully seek the eviction of the defendants, who were in unlawful occupation. The court therefore granted the plaintiff's prayers for eviction.
Court Disposition
Plaintiff's claim allowed. Defendants to be evicted from the suit land. Each party to bear their own costs.
Orders
- The plaintiff is granted his prayers in the plaint.
- The defendants shall be evicted from the suit land by the plaintiff with the help of the Court bailiff forthwith.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA.
IN THE HIGH COURT OF KENYA
AT KAKAMEGA.
ENVIRONMENT AND LAND CASE NO. 229 OF 2013
AYUBU OMOLO MWIMBI..........................PLAINTIFF
VERSUS.
SELINE MBOGA MWIMBI.................1ST DEFENDANT
JOHN OMIMBI ASSA........................2ND DEFENDANT
JUDGMENT.
[1]. The plaintiff filed this case on 13th August 2013 against the 1st and 2nd defendants. Who are a mother and son and who are the wife and son of his brother Arthur Omwimbi now deceased.
He states that he is the registered owner of Land Parcel E. Bunyore/Ebuchitwa/1994 which comprises of 1. 0 acres. The plaintiff states that while he was working in Mombasa, he asked his said brother to take care of his Land parcel aforesaid. His brother Arthur Omwimbi then brought his wife and son (defendants herein) into the suit land. The plaintiff states that the defendant had his own land E. Bunyore/Ebuchitwa/2100 which was still registered in his own name. That on the death of the plaintiff’s brother aforesaid, the defendants refused to move out and vacate the plaintiff’s land. That therefore, the plaintiff had to bring this suit.
[2]. The plaintiff produced his title deed for E. Bunyore/Ebuchitwa/1994. The defendant who has been served filed no pleadings. They were served with the hearing notice of the case. They chose not to attend. The case was formally proved by the defendant.
I grant the Plaintiff his prayers in the plaint. The defendants shall be evicted from the suit land by the plaintiff with the help of the Court bailiff forthwith. Each party shall bear their own costs.
Dated at Bungoma this 22nd day ofNovember, 2017.
S. MUKUNYA
JUDGE.