[2018] KEELC 4804 (KLR)
The court found that the plaintiff had established ownership of the suit plot at Sikusi Market through documentary evidence, including sale agreements, clearance certificates, and official correspondence from the County Government and local chief. The defendants, having failed to appear or defend the suit, were...
Source-derived case information.
- Citation
- [2018] KEELC 4804 (KLR)
- Parties
- Plaintiff: Esther Nanjala Ndalila; Defendant: Patrick Wafula Kati; Defendant: Joseph Wafula Kati
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 160 of 2016
- Procedural Posture
- Land and Environment Case / Judgment
- Outcome
- Plaintiff's claim allowed; eviction order granted.
- Legal Topics
- Eviction, Ownership Dispute, Trespass, Market Plots, Formal Proof, Possession Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Esther Nanjala Ndalila
Plaintiff
Patrick Wafula Kati
Defendant
Joseph Wafula Kati
Defendant
Procedural Posture
Land and Environment Case / Judgment
Legal Issues
- 1 Whether the plaintiff is the lawful owner of the suit plot at Sikusi Market.
- 2 Whether the defendants unlawfully entered and occupied the plaintiff's land.
- 3 Whether the plaintiff is entitled to an order of eviction against the defendants.
Ratio Decidendi
The court found that the plaintiff had established ownership of the suit plot at Sikusi Market through documentary evidence, including sale agreements, clearance certificates, and official correspondence from the County Government and local chief. The defendants, having failed to appear or defend the suit, were deemed to have no lawful claim or right to the land. The court held that the defendants' entry and development of the plot constituted trespass. Consequently, the plaintiff was entitled to an order of eviction and costs. The court ordered the defendants to vacate the land and authorized eviction by court broker with police assistance if they failed to comply.
Court Disposition
Plaintiff's claim allowed; eviction order granted.
Orders
- The defendants shall move and vacate out of the suit plot.
- If the defendants do not vacate, they shall be evicted by the court broker with the assistance of the police of the nearest police station.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA.
IN THE HIGH COURT OF KENYA AT BUNGOMA.
ELC CASE NO. 160 OF 2016.
ESTHER NANJALA NDALILA......................PLAINTIFF
VERSUS.
PATRICK WAFULA KATI....................1ST DEFENDANT
JOSEPH WAFULA KATI...................2ND DEFENDANT
JUDGMENT
[1] The plaintiff herein filed this suit on 16th December, 2016 and stated that on 18th day of December, 2011 he bought a plot measuring 0. 06 ha at Sikusi Market from one Nicolas Kati now deceased and the land was transferred to her before the deceased died. She says that she has been in legal possession for the same.
[2] The defendant says that in the year 2012 the defendants invaded the plot and started developing it without the consent and permission of the plaintiff therein. The plaintiff avers that the defendants action amount to provocation that might lead to a breach of peace. The plaintiff therefore prays for an order of eviction.
[3] The Plaintiff produced a list of documents including, an agreement for sale dated 18/12/2015 and 3rd December, 2012, a demand notice of 29/9/2016 by the County Government of Bungoma, Banking Slip of 14/12/2015, a Memo from the County Government of Bungoma of 27/10/2014, a Letter of 29/2/2016 and one of 28/7/2016 from the Chief Kabuchai. She equally produced approval plan fee, a clearance certificate No.49914 and a demand letter from the advocates. All these documents showing that the land belongs to her.
[4] The defendant who were served with the summons and the plaint in this case never entered appearance. An interlocutory Judgment was entered in this case on 14/2/2017. The case finally came up for formal proof on 27/9/2017. The plaintiff produced his case and produced all the documents aforesaid.
[5] The defendant has clearly proved that the land belongs to her. She has demonstrated that the defendants entered into her land without any colour of right. She has proved that they should be evicted therefrom.
[6] I therefore allow the plaintiffs claim as prayed. I do order that the defendants do move and vacate out of the suit plot. I also order that if they do not do so, they be evicted by the Court broker with the assistance of the police of the nearest Police station.
Plaintiff shall have the costs of this case.
Judgment read in Open Court.
Dated at Bungoma this 10th day of January, 2018.
S. MUKUNYA
JUDGE.
In the presence of:
Chemutai - Court Assistant