[2020] KEELC 676 (KLR)
The court found that the plaintiffs had established their case on a balance of probabilities, having demonstrated through oral and documentary evidence that they are the legal owners of the suit lands. The defendant, despite being given an opportunity, failed to adduce any evidence or challenge the plaintiffs' case....
Source-derived case information.
- Citation
- [2020] KEELC 676 (KLR)
- Parties
- Plaintiff: Charles Pkiyach Kiyara; Plaintiff: John Kemoi Kiyara Siapuk; Defendant: Lomerisiya Dungotom
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Land Case 42 of 2018
- Procedural Posture
- Land Case / Judgment
- Outcome
- Judgment for the plaintiffs as prayed in the plaint.
- Legal Topics
- Ownership Disputes, Land Adjudication, Trespass, Injunctions, Damages for Loss of User
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Pkiyach Kiyara
Plaintiff
John Kemoi Kiyara Siapuk
Plaintiff
Lomerisiya Dungotom
Defendant
Procedural Posture
Land Case / Judgment
Legal Issues
- 1 Whether the plaintiffs are the legal owners of Titles Nos. Chebon/Chebon/1028 and 1088.
- 2 Whether the defendant has trespassed on the suit lands despite adjudication and appeal processes.
- 3 Whether the plaintiffs are entitled to damages for loss of user and a permanent injunction against the defendant.
Ratio Decidendi
The court found that the plaintiffs had established their case on a balance of probabilities, having demonstrated through oral and documentary evidence that they are the legal owners of the suit lands. The defendant, despite being given an opportunity, failed to adduce any evidence or challenge the plaintiffs' case. The court relied on the finality of the adjudication and ministerial appeal processes, which confirmed the plaintiffs' ownership and limited the defendant's entitlement to a different parcel. The continued trespass by the defendant on the plaintiffs' land was therefore unlawful, entitling the plaintiffs to a declaration of ownership, a permanent injunction, damages for loss of...
Court Disposition
Judgment for the plaintiffs as prayed in the plaint.
Orders
- Declaration that the plaintiffs are the legal owners of Titles Nos. Chebon/Chebon/1028 and 1088.
- Permanent injunction restraining the defendant from trespassing on the suit lands.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT KITALE
LAND CASE NO. 42 OF 2018
CHARLES PKIYACH KIYARA.................................................................1ST PLAINTIFF
JOHN KEMOI KIYARA SIAPUK...........................................................2ND PLAINTIFF
VERSUS
LOMERISIYA DUNGOTOM.........................................................................DEFENDANT
JUDGMENT
By way of a plaint dated 20/4/2018 and filed in court on the same date the plaintiffs instituted the present suit seeking judgment against the defendant for orders of a declaration that the plaintiffs are the legal owners of the land comprised in Titles Nos. Chebon/Chebon/1028 and 1088 (hereinafter “the suit lands,”) upon which the defendant has been trespassing, a permanent injunction, Kshs.562, 500/= as damages for loss of user, costs and interest. The plaintiffs’ case is that after a long process involving land adjudication and objections thereto and finally an appeal to the Minister, the defendant was declared owner of only Title No. Chebon/Chebon/1030, but that notwithstanding, he has continued to trespass on the suit lands. Though the defendant filed an appearance through his counsel, he failed to call any evidence in support of his defence or cross examine the plaintiff’s witness. Having regard to all the oral and documentary evidence adduced by the plaintiffs, I am persuaded that the plaintiffs have established their case on a balance of probabilities and I hereby enter judgment in their favour as prayed in prayers nos (a), (b) (c) and (d) in the plaint dated 20/4/2018. The damages for loss of user and costs shall attract interest at court rates till settlement in full. It is so ordered.
It is so ordered.
Dated, signed and delivered at Kitale via electronic mail on this 5th day of November, 2020.
MWANGI NJOROGE
JUDGE, ELC, KITALE.