[2017] KEHC 7284 (KLR)
The court found that the plaintiff's evidence was uncontroverted, as the defendant failed to appear or defend the suit despite being duly served. The plaintiff established that she was entitled to the land as the widow and administrator of the estate of the deceased registered owner. The defendant's entry, fencing,...
Source-derived case information.
- Citation
- [2017] KEHC 7284 (KLR)
- Parties
- Plaintiff: Christine Wafula Wepukhulu; Defendant: Stephen Juma Wanambisi
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 98’A’’ of 2015
- Procedural Posture
- Land Case / Judgment
- Outcome
- Judgment for the plaintiff as prayed with costs.
- Judges
- SN Mukunya
- Legal Topics
- Trespass, Ownership Dispute, Injunctive Relief
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Christine Wafula Wepukhulu
Plaintiff
Stephen Juma Wanambisi
Defendant
Procedural Posture
Land Case / Judgment
Legal Issues
- 1 Whether the defendant unlawfully trespassed onto the plaintiff's land.
- 2 Whether the plaintiff is entitled to injunctive relief restraining the defendant from further trespass.
- 3 Whether the plaintiff is entitled to an order for removal of the defendant's structures from the land.
Ratio Decidendi
The court found that the plaintiff's evidence was uncontroverted, as the defendant failed to appear or defend the suit despite being duly served. The plaintiff established that she was entitled to the land as the widow and administrator of the estate of the deceased registered owner. The defendant's entry, fencing, and construction on the land without lawful justification constituted trespass. The court held that the plaintiff was entitled to the orders sought, including an injunction restraining the defendant from further trespass, removal of the defendant's structures, and costs of the suit.
Court Disposition
Judgment for the plaintiff as prayed with costs.
Orders
- The defendant is restrained from trespassing on the plaintiff's land.
- The defendant shall pull down and remove all structures constructed on the 8 acres of the suit land.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUNGOMA
LAND & ENVIRONMENT CASE NO.98’A’ OF 2015
CHRISTINE WAFULA WEPUKHULU…………...………PLAINTIFF
VERSUS
STEPHEN JUMA WANAMBISI………………………..DEFENDANT
JUDGEMENT
[1]. Christine Wafula Wepukhulu the plaintiff herein filed this suit against the defendant Stephen Juma Wanambisi praying for orders that the defendant do stop his activities and leave the plaintiff’s land forthwith. She prays for an order that the defendant be restrained from trespassing on the plaintiff’s land and costs of the suit.
[2]. In her evidence the plaintiff stated that she is a resident of Mabanga Area in Bungoma County. That her husband one Evanson Wafula Wepukhulu is deceased. She said that she has taken letters of representation to administer his estate. She stated that her husband died on 6/6/2014 at Bungoma District Hospital. That prior to his death they lived peacefully on 8 acres of land, their share of land parcel E.Bukusu/N.Sang’alo/1072 which was registered in the name of her husband’s late father Wepukhulu Wanambisi Maundende.
[3]. She stated that in August 2014 two months after the death of her husband, the defendant invaded their 8 acres of land. He alleged that he had purchased the land. He fenced it up leaving only a small portion where the plaintiff’s house stands. As a result, the plaintiff has been unable to plough, plant and utilize the land. She therefore prayed for orders to restrain the defendant from trespassing on the suit land and for orders that the defendant do pull down and remove the structures he has constructed on the said 8 acres and costs of the suit.
[4]. The defendant was served. He did not enter appearance. A judgement was entered against him by the Deputy Registrar on 13/4/2006 and the Case was fixed for formal proof on 31/10/2016 when this case was formally proved.
[5]. This case was not defended. Judgement had already been entered by the Deputy Registrar. The allegations of the plaintiff were not challenged by the defendant who was duly served.
I therefore enter judgement for the plaintiff as prayed with costs.
Judgment read in open Court.
DATED at BUNGOMA this 10thday ofMarch,2017
S.N. MUKUNYA
JUDGE
In the presence of:
Court Assistants - Chemtai/Joy
Mr. Makokha - For khakula Advocate
Defendant - In person