[2008] KEHC 2511 (KLR)
The Plaintiff produced the title document for the suit land and is the first registered proprietor. Under Section 27 and Section 28 of the Registered Land Act, her title is indefeasible. The Defendant, having failed to enter appearance or file a defence, has not challenged the Plaintiff's claim. The court therefore...
Source-derived case information.
- Citation
- [2008] KEHC 2511 (KLR)
- Parties
- Plaintiff: Dorothy Mumbua Katuu; Defendant: Kamene Syovili
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Civil Case NO. 1 of 2012
- Procedural Posture
- Civil Case / Judgment
- Outcome
- Judgment for the Plaintiff.
- Judges
- I Lenaola
- Legal Topics
- Ownership of Land, Title Registration, Eviction, Permanent Injunction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dorothy Mumbua Katuu
Plaintiff
Kamene Syovili
Defendant
Procedural Posture
Civil Case / Judgment
Legal Issues
- 1 Whether the Plaintiff is the lawful proprietor of title No. Nzaui/Ikangavya/557.
- 2 Whether the Defendant should be evicted from the suit land.
- 3 Whether a permanent injunction should issue restraining the Defendant from interfering with the Plaintiff's possession.
Ratio Decidendi
The Plaintiff produced the title document for the suit land and is the first registered proprietor. Under Section 27 and Section 28 of the Registered Land Act, her title is indefeasible. The Defendant, having failed to enter appearance or file a defence, has not challenged the Plaintiff's claim. The court therefore finds that the Plaintiff is the lawful owner of the suit land and is entitled to the reliefs sought, including eviction of the Defendant and a permanent injunction.
Court Disposition
Judgment for the Plaintiff.
Orders
- Declaration that the Plaintiff is the proprietor of title No. Nzaui/Ikangavya/557.
- The Defendant is to be evicted from the suit land.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
CIVIL CASE NO. 112 OF 2004
DOROTHY MUMBUA KATUU …………………………………… PLAINTIFF
VERSUS
KAMENE SYOVILI ………..………................................... DEFENDANT
JUDGMENT
1. By her plaint filed on 5/10/2004, the Plaintiff sued the Defendant seeks a declaration that she is the proprietor of title No. Nzaui/Ikangavya/557 and that the Defendant be evicted therefrom. She also wants an injunction to permanently restrain the Defendant from interfering with her quiet possession. Costs and interest thereon are also sought.
2. I heard PW1, the Plaintiff and she has produced the title document for the suit land. She is the first registered proprietor thereof and her title is indefeasible by dint of section 27 and section 28 of the Registered Land.
3. The Defendant was served with summons but failed to enter appearance or file a defence. Whatever claim she may have to the land cannot therefore be determined by this court.
4. Since the Plaintiff has proved that she is the lawful owner of the suit land, this court can only but grant her prayers.
5. Accordingly judgment is entered in terms of prayers (a), (b), (c), (c) and (e) of the Plaint dated 16/8/2004 and filed on 5/10/2004.
6. Orders accordingly.
Dated and delivered at Machakos this 29thday of May2008.
ISAAC LENAOLA
JUDGE