[2009] KEHC 3894 (KLR)
The court found that the plaintiff had produced uncontroverted evidence establishing his status as the registered proprietor of the suit land, Dundori/Mugwathi Block 2/99. The title deed and certificate of official search confirmed his ownership, and the defendant failed to challenge or rebut this evidence. Under...
Source-derived case information.
- Citation
- [2009] KEHC 3894 (KLR)
- Parties
- Plaintiff: Benard Kipkoech; Defendant: Samuel Kariuki Mwangi
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 74 of 2007
- Procedural Posture
- Civil Suit / Judgment
- Outcome
- Judgment for the plaintiff.
- Judges
- FI Koome
- Legal Topics
- Trespass to Land, Ownership Disputes, Registered Land Title
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benard Kipkoech
Plaintiff
Samuel Kariuki Mwangi
Defendant
Procedural Posture
Civil Suit / Judgment
Legal Issues
- 1 Whether the plaintiff is the registered proprietor of Dundori/Mugwathi Block 2/99.
- 2 Whether the defendant trespassed on the plaintiff's land.
- 3 Whether the plaintiff is entitled to vacant possession and costs.
Ratio Decidendi
The court found that the plaintiff had produced uncontroverted evidence establishing his status as the registered proprietor of the suit land, Dundori/Mugwathi Block 2/99. The title deed and certificate of official search confirmed his ownership, and the defendant failed to challenge or rebut this evidence. Under the Registered Lands Act, the plaintiff's title is conclusive, and the defendant's entry onto the land without authority constituted trespass. The plaintiff was therefore entitled to a declaration of trespass, an order for vacant possession, and costs. The absence of a defence or participation by the defendant further strengthened the plaintiff's case, satisfying the standard of...
Court Disposition
Judgment for the plaintiff.
Orders
- The defendant is declared a trespasser on the plaintiff’s parcel of land Dundori/Mugwathi/Block 2/99.
- The defendant to deliver vacant possession of the suit premises within 60 days from the date of judgment; in default, eviction order to issue.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
Civil Suit 74 of 2007
BENARD KIPKOECH….………………………………..………..PLAINTIFF
VERSUS
SAMUEL KARIUKI MWANGI…..…..…………………………..DEFENDANT
JUDGMENT
Benard Kipkoech, the plaintiff herein, instituted this suit against the defendant, for the claim that he is the registered proprietor of land parcel number Dundori/Mugwathi Block 2/99 measuring approximately 1. 8 hectares. The plaintiff alleges that sometimes in the year 2006, the defendant entered his land without any authority and purported to own the same and has interfered with the plaintiff’s right to use and occupation. The plaintiff sought for a declaration that the defendant is a trespasser on the suit premises, an order that the defendant do deliver vacant possession and costs of the suit.
The defendant was served with the summons but he did not file a defence, thus the matter was set down for formal proof. The plaintiff testified and produced the title to the suit premises which was transferred to him on 18th January 2001. He also produced a certificate of official search. The plaintiff also relied on the evidence of one Catherine Cherotich Kipkoech. She testified that she was the original allottee of the suit premises as a member of Kalenjin enterprises or Rift Valley Enterprises. As a shareholder, she was allocated the suit premises and issued with a title in 1997. She produced a copy of that title. She testified that she transferred the title to her son who is the plaintiff in this matter but in 2006, the defendant started interfering with the peaceful occupation of the suit land by the plaintiff.
No evidence was offered by the defence, however, before the hearing of the matter, Mr. Ikua appearing for the defendant indicated to the court that they had a preliminary objection to raise on points of law and the court ruled that if the defendant intended to raise a preliminary objection on a point of law, he could do so at the stage of submissions. However Mr. Ikua walked out of court and did not participate in this matter any further.
Based on the evidence before the court, l find that the plaintiff was able to prove that he is the registered proprietor of the suit premises. The title is registered under the Registered Lands Act. It gives the registered owner, absolute proprietorship to the suit premises. The title is also conclusive evidence that the plaintiff is the proprietor of the suit land. The evidence by the plaintiff was not controverted. The plaintiff has proved his case on a balance of probability that he is entitled to the prayers sought. Judgment is therefore entered for the plaintiff against the defendant as follows:
(a) The defendant is declared a trespasser on the plaintiff’s parcel of land Dundori/Mugwathi/Block 2/99.
(b) The defendant does deliver vacant possession of the suit premises within 60 days from the date of this judgment and in default eviction order to issue.
(c) The plaintiff is also entitled to the costs of this litigation.
It is so ordered.
Judgment read and signed on 1st day of April, 2009
M. KOOME
JUDGE