[2017] KEHC 1559 (KLR)
The court found that the plaintiffs' claim for eviction was unopposed, as the defendants neither attended the hearing nor presented any evidence to challenge the plaintiffs' case. The plaintiffs' oral and written evidence established their entitlement to the suit land and the relief sought. In the absence of any...
Source-derived case information.
- Citation
- [2017] KEHC 1559 (KLR)
- Parties
- Plaintiff: Florence Nafula Namukana; Plaintiff: Douglas Wamukota; Defendant: Daudi Musa Manyonge; Defendant: Wachilonga Wanyama Manyonge
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 224 of 2013
- Procedural Posture
- Land and Property Suit / Judgment
- Outcome
- Plaintiffs' claim allowed as prayed with costs.
- Judges
- SN Mukunya
- Legal Topics
- Eviction, Land Ownership, Uncontested Claims
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Florence Nafula Namukana
Plaintiff
Douglas Wamukota
Plaintiff
Daudi Musa Manyonge
Defendant
Wachilonga Wanyama Manyonge
Defendant
Procedural Posture
Land and Property Suit / Judgment
Legal Issues
- 1 Whether the plaintiffs are entitled to an order of eviction against the defendants from land parcel Bokoli/Bokoli/1502.
- 2 Whether the defendants have any lawful claim or defence to the occupation of the suit land.
Ratio Decidendi
The court found that the plaintiffs' claim for eviction was unopposed, as the defendants neither attended the hearing nor presented any evidence to challenge the plaintiffs' case. The plaintiffs' oral and written evidence established their entitlement to the suit land and the relief sought. In the absence of any defence or rebuttal, the court was satisfied that the plaintiffs had proved their case on a balance of probabilities and were entitled to the orders prayed for, including eviction of the defendants from Bokoli/Bokoli/1502.
Court Disposition
Plaintiffs' claim allowed as prayed with costs.
Orders
- The plaintiffs are granted an order of eviction against the defendants from land parcel Bokoli/Bokoli/1502.
- The defendants shall pay the costs of the suit to the plaintiffs.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUNGOMA
ENVIRONMENT AND LAND CASE NO. 224 OF 2013
1. FLORENCE NAFULA NAMUKANA.........................1ST PLAINTIFF
2. DOUGLAS WAMUKOTA.........................................2ND PLAINTIFF
VERSUS.
1. DAUDI MUSA MANYONGE..................................1ST DEFENDANT
2. WACHILONGA WANYAMA MANYONGE...........2ND DEFENDANT
JUDGEMENT
[1]. The plaintiff filed this case praying for an order of eviction against the defendants whom he had alleged, that they occupied 100 x 100 feet of his land Bokoli/Bokoli/1502.
[2]. The defendants filed their respective defences on 17th October of 2013 and generally denied the plaintiffs claim.
[3]. The case was fixed for hearing on 6/11/2017. However on that date only the plaintiff attended and his witnesses. He gave his evidence and relied on his written statements dated 7/10/2013. He called one Douglas Wamukota who gave evidence on his behalf who equally relied on his written statements dated 2/8/2013.
[4]. The plaintiffs claim in this case has not been opposed in any way by the defendants. I therefore allow the claim as prayed with costs.
Judgment read in Open Court.
Datedat Bungomathis 18thday of December,2017.
S. MUKUNYA
JUDGE
In the presence of:
Hon. S. Mukunya (Judge)
Joy: Court Assistant
Okwi for Khakula for the Plaintiff
Defendant represented by Kundu for the defendant