[2018] KEELC 4793 (KLR)
The court found that the plaintiff's claim was unopposed as the defendant failed to file any pleadings or attend the hearing despite being served. The plaintiff established that he was the lawful owner of the land, having acquired it from his father, and that the defendant had unlawfully occupied the land and...
Source-derived case information.
- Citation
- [2018] KEELC 4793 (KLR)
- Parties
- Plaintiff: Benard Khaemba Wekesa; Defendant: Emmanuel Wasike
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 107 of 2016
- Procedural Posture
- Land and Environment Case / Judgment
- Outcome
- Plaintiff's claim allowed as prayed with costs.
- Legal Topics
- Land Ownership, Eviction, Trespass, Title Transfer
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benard Khaemba Wekesa
Plaintiff
Emmanuel Wasike
Defendant
Procedural Posture
Land and Environment Case / Judgment
Legal Issues
- 1 Whether the defendant unlawfully encroached and occupied the plaintiff's parcel of land.
- 2 Whether the plaintiff is entitled to an eviction order against the defendant.
Ratio Decidendi
The court found that the plaintiff's claim was unopposed as the defendant failed to file any pleadings or attend the hearing despite being served. The plaintiff established that he was the lawful owner of the land, having acquired it from his father, and that the defendant had unlawfully occupied the land and obstructed the plaintiff's use of it. In the absence of any defence or contrary evidence, the court allowed the plaintiff's claim as prayed, granting an eviction order against the defendant with costs.
Court Disposition
Plaintiff's claim allowed as prayed with costs.
Orders
- Eviction order issued against the defendant.
- Defendant to pay costs of the suit.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA.
IN THE HIGH COURT OF KENYA AT BUNGOMA.
ELC. CASE NO. 107 OF 2016.
BENARD KHAEMBA WEKESA………………………………PLAINTIFF
VERSUS.
EMMANUEL WASIKE……………………………………….DEFENDANT
JUDGMENT.
[1] The plaintiff filed this suit and stated that the defendant without the implied knowledge and consent from the plaintiff has encroached into the plaintiffs parcel of land and erected thereon houses and started to live there. He applied for an eviction order to be issued against the defendants with costs and interest.
[2] The defendant did not file any pleadings. A request for Judgment was made on 15/3/2017 and the Deputy Registrar of the court made an order that since the case was not for pecuniary damages the matter should be set down for formal proof under order 10 rule 9 of the Civil Procedure Rules.
[3] The case was fixed for Hearing on 27/4/2017. The defendant did not attend. The defendant relied on his statement filed in court. In his statement the plaintiff had stated that the suit land was transferred to him by his father prior to his father’s death. That on 20/8/2016 he went to the land and found out that the defendant herein Emmanuel Wasike had occupied his land and obstructed him from fencing the said land.
[4] The plaintiff claim in the Plaint is not opposed. The defendant had been served with the pleadings and opted not to oppose the claim. I allow the plaintiffs claim on the plaint as prayed with costs.
It is so ordered.
Judgment read in Open Court.
Dated at Bungoma this 10th day of January, 2018.
S. MUKUNYA.
JUDGE.
In the presence of:
Chemutai - Court Assistant
Plaintiff - Absent
Defendant - Present