[2014] KEELC 557 (KLR)
The court found that the plaintiff had proved, on a balance of probabilities, that he is the registered proprietor of the suit land, supported by the title deed and official search. The defendant, having failed to appear or file a defence, did not controvert the plaintiff's evidence. The court held that the...
Source-derived case information.
- Citation
- [2014] KEELC 557 (KLR)
- Parties
- Plaintiff: Edward Mugambi Kairanya; Defendant: Ibrahim M'imanene M'igweta
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 168 of 2013
- Procedural Posture
- Land and Environment Case / Judgment
- Outcome
- judgment for the plaintiff
- Judges
- A Ombwayo
- Legal Topics
- Trespass to Land, Eviction Orders, Proprietary Title, Permanent Injunction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Edward Mugambi Kairanya
Plaintiff
Ibrahim M'imanene M'igweta
Defendant
Procedural Posture
Land and Environment Case / Judgment
Legal Issues
- 1 Whether the plaintiff is the registered proprietor of L.R. No.Gakawa/Kahurura/Block III/203.
- 2 Whether the defendant trespassed onto the plaintiff's land without permission.
- 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 proved, on a balance of probabilities, that he is the registered proprietor of the suit land, supported by the title deed and official search. The defendant, having failed to appear or file a defence, did not controvert the plaintiff's evidence. The court held that the defendant's entry and occupation of the land constituted trespass. As such, the plaintiff was entitled to an order of eviction and a permanent injunction restraining the defendant and his family from further trespass. The court awarded costs to the plaintiff.
Court Disposition
judgment for the plaintiff
Orders
- An order of eviction is issued against the defendant and his family members from L.R. No.Gakawa/Kahurura/Block III/203.
- A permanent injunction restraining the defendant and his family from trespassing onto the plaintiff's land is granted.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYERI
ENVIRONMENT AND LAND COURT
E.L.C. NO.168 OF 2013
EDWARD MUGAMBI KAIRANYA.......................................PLAINTIFF
VERSUS
IBRAHIM M'IMANENE M'IGWETA.................................DEFENDANT
J U D G M E N T
The plaintiff is the registered proprietor of L.R. No.Gakawa/Kahurura/Block III/203. He claims that in the year 2007 the defendant without any colour of right or plaintiff's permission trespassed into the plaintiff land and built a semi-permanent house thereon. The plaintiff's claim against the defendant and his family member is for an order of eviction and permanent injunction restraining the defendant and his family members from trespassing into the plaintiff's L.R. No.GAKWA/KAHURURA/BLOCK III/203. The plaintiff avers that there is no other suit pending between the parties.
The defendant neither entered appearance nor filed defence. Interlocutory judgment was entered hence the matter was slated for formal proof on 28/2/2014.
The plaintiff testified in English and stated that he knew the defendant in the year 2007. The defendant entered the plaintiff's shamba in the year 2007 and built a temporary structure and brought his family on the parcel of land thus Gakawa/Kahurura/Block 3/203.
He produced a title deed as evidence that he was the proprietor of the parcel of land.The court was also shown the official certificate of search. The plaintiff gave the defendant notice to vacate but the letter did not do so.
He seeks the court to issue an order of eviction of the defendant and his family members from L.R. No.GAKAWA/KAHURURUA/BLOCK III/203and costs of this suit.
The defendant having failed to appear and file defence and the plaintiff's evidence being the only available evidence, the court finds the same to be uncontrovented.
The plaintiff has proved on a balance of probabilities that he is registered as the absolute proprietor of the land Gakawa/Kahurura/BLK 3/203 and therefore has indefeasible title to the property. The defendant on the other hand is a trespasser.
The upshot of the above is that judgment is entered for the plaintiff and an order of eviction is issued to the plaintiff against the defendant as prayed in the plaint with costs to the plaintiff. Orders accordingly.
Dated, signed and delivered on 9th day of May 2014.
A. OMBWAYO
JUDGE