[2005] KEHC 2632 (KLR)
The court found that the plaintiff had produced unchallenged evidence of ownership, including a title deed and official search certificate, establishing him as the lawful proprietor of Land No. Bassi/Bosingi/1393. The defendant failed to adduce any evidence to support his claim that the land was ancestral or that...
Source-derived case information.
- Citation
- [2005] KEHC 2632 (KLR)
- Parties
- Plaintiff: Daudi Omori Gechure; Defendant: Peter Mose Otwere
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Civil Case 350 of 1994
- Procedural Posture
- Civil Case / Judgment
- Outcome
- Judgment for the plaintiff.
- Legal Topics
- Eviction, Title to Land, Permanent Injunction, Trespass, Ownership Dispute
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Daudi Omori Gechure
Plaintiff
Peter Mose Otwere
Defendant
Procedural Posture
Civil Case / Judgment
Legal Issues
- 1 Whether the plaintiff is the lawful owner of Land No. Bassi/Bosingi/1393.
- 2 Whether the defendant is a trespasser on the suit land.
- 3 Whether the plaintiff is entitled to an order of eviction and permanent injunction against the defendant.
Ratio Decidendi
The court found that the plaintiff had produced unchallenged evidence of ownership, including a title deed and official search certificate, establishing him as the lawful proprietor of Land No. Bassi/Bosingi/1393. The defendant failed to adduce any evidence to support his claim that the land was ancestral or that the seller had no right to sell. The court held that the plaintiff had proved his case on a balance of probabilities and was entitled to the orders sought, including eviction and a permanent injunction against the defendant.
Court Disposition
Judgment for the plaintiff.
Orders
- The defendant is to be evicted from Land No. Bassi/Bosingi/1393.
- A permanent injunction restraining the defendant, his servants and/or agents from trespassing on Land No. Bassi/Bosingi/1393 is granted.
Full Case Text
Judgment text and source record
11 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII CIVIL CASE NO.350 OF 1994DAVID OMORI GECHURE …………………………………………… PLAINTIFF VERSUS PETER MOSE OTWERE …………………………………………….. DEFENDANT
JUDGMENT The plaintiff DAUDI OMORI GECHURE sued the defendant PETER MOSE OTWERE seeking for an Order of Eviction of the defendant from Land NO.BASSI/BOSINGI/1393, a permanent injunction restraining the defendant, his servants and or agent from trespassing on that land and also for General damages and costs of the suit. He however abandoned the prayer of general damages during the hearing.
The defendant filed a defence on 25th July 1994 and stated that the land in dispute was their ancestral land. The defendant was struck out on 24/2/03.
On the hearing day the defendant and his counsel were absent though served. The hearing proceeded in their absence.
The plaintiff (PW1) told court that he bought the land in question in 1981 from SAMUEL ORWORI. The land was transferred to him in 1993. No body was living in the land when he bought it but soon thereafter the defendant moved into the land and started to cultivate without his consent. He has built houses there. He produced title deed and an official search certificate which should the land was in his name.
I have carefully considered the evidence adduced. The plaintiff produced a title deed which shows the land is in his name.It was issued to him on 28th April 1993. The title deed and the official search certificate were not challenged. Though in defence the defendant stated that Samuel Orwochi had no land to sell to the plaintiff no evidence was adduced. No other civil case pertaining to the two parties over the land has been brought to the attention of the court. The case is therefore not res judicata.
From the above there I am satisfied that the plaintiff has proved his case on a balance of probabilities and I enter judgment as prayed in prayers (a) (b) and (c).
Dated 9th May 2005.
KABURU BAUNI JUDGE
cc. Mobisa Mr. Otieno for Mr. Masese for plaintiff.