[2016] KEHC 3946 (KLR)
The court found that the plaintiff had proved, on a balance of probabilities, that she is the registered owner of the disputed land parcel Ndivisi/Muchi/8216, having acquired it through lawful succession and being issued with a title deed. The defendant, despite being aware of the proceedings, failed to attend court...
Source-derived case information.
- Citation
- [2016] KEHC 3946 (KLR)
- Parties
- Plaintiff: Brigid Kibone Namonyo; Defendant: Walter Wanjala
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 70 of 2014
- Procedural Posture
- Land Case / Judgment
- Outcome
- plaintiff's suit allowed
- Legal Topics
- Ownership Disputes, Eviction, Title Registration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Brigid Kibone Namonyo
Plaintiff
Walter Wanjala
Defendant
Procedural Posture
Land Case / Judgment
Legal Issues
- 1 Whether the plaintiff is the lawful registered owner of land parcel Ndivisi/Muchi/8216.
- 2 Whether the defendant is unlawfully occupying the plaintiff's land and should be evicted.
Ratio Decidendi
The court found that the plaintiff had proved, on a balance of probabilities, that she is the registered owner of the disputed land parcel Ndivisi/Muchi/8216, having acquired it through lawful succession and being issued with a title deed. The defendant, despite being aware of the proceedings, failed to attend court or contest the plaintiff's evidence. The court held that the plaintiff is entitled to exclusive possession of her land and that the defendant's continued occupation is unlawful. Consequently, the court ordered the eviction of the defendant from the suit property and awarded costs to the plaintiff.
Court Disposition
plaintiff's suit allowed
Orders
- The defendant shall be evicted by the court bailiff from title number Ndivisi/Muchi/8216.
- The defendant shall pay the costs of the suit to the plaintiff.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT BUNGOMA
LAND AND ENVIRONMENT CASE NO. 70 OF 2014
BRIGID KIBONE NAMONYO................................................PLAINTIFF
VERSUS
WALTER WANJALA.........................................................DEFENDANT
JUDGEMENT
[1] The plaintiff Brigid Kibone Namonyo filed this suit on 9th July 2013 in which she states that she is the registered owner of land parcel Ndivisi/Muchi/8216 measuring 0. 046 or thereabouts.
The plaintiff became the owner of this land through Kitale High Court Administration Cause No. 129 of 2011. The land belonged to her late father JACKSON NAMWOYO NABUSIGA who died in 2006. She was issued with a title deed for the same on 18/2/2013. She produced a copy of the title and green card for the said land.
[2] The plaintiff told the court that she had sued the defendant because he is occupying her land. She said she does not know when he took possession. She said she had a demand letter written to him to leave on 7/6/2003 and that he never responded. She told the court that the grant was filed in 2009 and since it was granted, it has never been revolved to date. The defendant never attended the court. It was established that the defendant and his advocate were aware of the hearing date.
[3] Having heard the plaintiff and having perused the documents produced by the plaintiff, I am convinced on balance of probabilities that the plaintiff has proved her case.
The plaintiff’s suit is allowed as prayed. The defendant shall be evicted by the court bailiff from title number Ndivisi/Muchi/8216 with costs of the suit to the plaintiff. The defendant shall also be responsible for the costs of such eviction by the court bailiff.
It is so ordered.
Dated, signed and delivered at Bungoma this 27th day of July 2016
S.MUKUNYA JUDGE
In the presence of
Joy/Gladys court assistants
Mr. Murunga for M/s Munialo for the plaintiff
Firm of Kiveu for the defendant