[2007] KEHC 1320 (KLR)
The court found that the plaintiff had established, through documentary evidence and uncontroverted testimony, that he is the registered absolute proprietor of the suit premises, Baringo/Ravine 102/33. The defendant, having failed to file a defence or contest the claim, was deemed to have trespassed on the...
Source-derived case information.
- Citation
- [2007] KEHC 1320 (KLR)
- Parties
- Plaintiff: Daniel Cheruiyot Chepsiet; Defendant: Cheruiyot Cheboiwo
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Civil Case 431 of 1998
- Procedural Posture
- Civil Case / Judgment
- Outcome
- judgment for the plaintiff
- Judges
- FI Koome
- Legal Topics
- Trespass to Land, Eviction Orders, Land Ownership, Title Registration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel Cheruiyot Chepsiet
Plaintiff
Cheruiyot Cheboiwo
Defendant
Procedural Posture
Civil Case / Judgment
Legal Issues
- 1 Whether the defendant is a trespasser on the plaintiff's parcel of land known as Baringo/Ravine 102/33.
- 2 Whether the plaintiff is entitled to an order of eviction against the defendant from the suit premises.
Ratio Decidendi
The court found that the plaintiff had established, through documentary evidence and uncontroverted testimony, that he is the registered absolute proprietor of the suit premises, Baringo/Ravine 102/33. The defendant, having failed to file a defence or contest the claim, was deemed to have trespassed on the plaintiff's land. The court held that the plaintiff was entitled to a declaration of trespass and an order of eviction, as the defendant's continued occupation was unlawful. The plaintiff's right to exclusive possession as registered proprietor was upheld, and the defendant was ordered to vacate within thirty days.
Court Disposition
judgment for the plaintiff
Orders
- The defendant is declared a trespasser on the plaintiff's parcel of land known as Baringo/Ravine 102/33.
- The defendant is ordered to be evicted from the said premises within thirty (30) days from the date of judgment.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
Civil Case 431 of 1998
DANIEL CHERUIYOT CHEPSIET ……......……...……....……. PLAINTIFF
VERSUS
CHERUIYOT CHEBOIWO …..………….…....……………… DEFENDANT
JUDGMENT
The plaintiff instituted this suit against the defendant seeking for orders that the defendant declared a trespasser on the plaintiff’s parcel of land known as Baringo/Ravine 102/33. He also sought for an order of eviction against the defendant from the said suit premises.
The defendant was duly served with the summons to enter appearance. He entered appearance in person but did not file any defence and despite having been served with a hearing notice, the defendant did not attend court during the hearing of this matter.
At the hearing of the suit, the plaintiff gave evidence in support of his claim of land known as Baringo/Ravine 102/33 measuring about 5. 6 hectares. The plaintiff produced the original copy of the title over the suit premises which was registered in his favour in August 1992. The plaintiff claims that the defendant trespassed upon this land sometimes in 1984. The plaintiff decided to report the matter of trespass to the local chief who instructed the defendant to vacate the land. However, the defendant has adamantly refused to move from the plaintiff’s parcel of land. Notwithstanding the fact that the defendant is aware of the suit, the defendant has persisted in his wrong doing. The plaintiff therefore filed the present claim and sought for the above orders.
It is clear from the plaintiff’s evidence and the documents produced in support of the claim that the plaintiff has established that he is the registered absolute proprietor of the suit premises from 1982. I am therefore satisfied that the plaintiff has been able prove his claim of trespass against the defendant. The defendant despite having been served and having entered appearance he did not file any defence.
Accordingly, I hereby grant the plaintiff the orders sought in the plaint by declaring that the defendant is a trespasser on the plaintiff’s parcel of land known as Baringo/Ravine 102/33 and the defendant is hereby ordered to be evicted from the said premises within thirty (30) days from the date of this judgment.
The plaintiff shall also have the costs of this suit.
It is so ordered.
Judgment read and delivered on 16th day of March 2007.
MARTHA KOOME
JUDGE