[2017] KEHC 2854 (KLR)
The court found that the plaintiff had proved ownership of the suit land by producing the sale agreement, Land Control Board consent, and title deed. The defendant, having failed to file any defence or attend court, did not challenge the plaintiff's evidence. The court held that the plaintiff, as the registered...
Source-derived case information.
- Citation
- [2017] KEHC 2854 (KLR)
- Parties
- Plaintiff: Francis Aliga Okuso; Defendant: Dorcus Omega
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 19 of 2015
- Procedural Posture
- Land and Property Case / Formal Proof Judgment After Ex Parte Hearing
- Outcome
- Suit allowed with costs to the plaintiff. Eviction order granted against the defendant.
- Judges
- SN Mukunya
- Legal Topics
- Eviction, Ownership of Land, Title Deeds, Land Control Board Consent
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Francis Aliga Okuso
Plaintiff
Dorcus Omega
Defendant
Procedural Posture
Land and Property Case / Formal Proof Judgment After Ex Parte Hearing
Legal Issues
- 1 Whether the plaintiff is the lawful owner of Kakamega/Sango/1541.
- 2 Whether the defendant is unlawfully occupying the suit land.
- 3 Whether the plaintiff is entitled to an order of eviction against the defendant.
Ratio Decidendi
The court found that the plaintiff had proved ownership of the suit land by producing the sale agreement, Land Control Board consent, and title deed. The defendant, having failed to file any defence or attend court, did not challenge the plaintiff's evidence. The court held that the plaintiff, as the registered owner, was entitled to exclusive possession and could lawfully seek the eviction of the defendant, who remained on the land without consent. The absence of any lawful claim or defence by the defendant justified granting the orders sought by the plaintiff.
Court Disposition
Suit allowed with costs to the plaintiff. Eviction order granted against the defendant.
Orders
- The defendant shall move out and vacate Kakamega/Sango/1541 forthwith.
- The plaintiff is awarded costs of the suit.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUNGOMA
ENVIRONMENT AND LAND CASE NO. 19 OF 2015
FRANICS ALIGA OKUSO.......................................PLAINTIFF
VERSUS
DORCUS OMEGA................................................DEFENDANT
JUDGMENT
[1]. The plaintiff is the registered owner of Kakamega/Sango/1541 comprising of 1. 4ha. He purchased the same from one Ben Simwa Zablon for Kshs.147,000/= on 1/10/2013.
[2]. The defendant is the daughter In-law of Ben Simwa Zablon who was living with him on the suit land. She was supposed to move with the said Ben Simwa Zablon to Kitale. She refused and without express authori ty of the Plaintiff and Ben Simwa Zablon aforesaid, continued to live on the suit land despite being asked to move and vacate out of the said land. She has since constructed a temporary structure and continued to live therein hindering the plaintiff full use and occupation of the said land. The defendant was served with the plaint herein and having failed to file appearance and a verifying affidavit within the time prescribed by Law, an interlocutory Judgment was entered on 19/6/2015. The case came up for formal proof on 24/5/2017 and the respondent was served and she failed to attend the court and the case was formerly proved. Francis Aliga Ouso told the court that he bought the land Kakamega/Sango/154 from Ben Simwa Zablon for Kshs.147,000/= and that he attended Land Control Board and a Consent was given subsequently a title deed issued. He produced all documents relating to that process. He said that Ben Simwa bought land in Matunda Kitale. He told the court that the defendant was a daughter in Law to Ben Simwa he wanted her to move to Kitale but she has not done so. He asked the court to ask the defendant to move and vacate out of the suit land.
Having heard the plaintiff in his evidence on formal proof, and there being no opposition to the same, I grant the orders as prayed and specifically order that the respondent do move out and vacate the suit land as prayed. The suit is allowed with costs.
Judgment read in Open Court in the presence of M/s Wanjala.
Dated at Bungoma this3rd day ofOctober, 2017
S. MUKUNYA
JUDGE
In the presence of:
Court Assistants: Glady/Joy
Miss Wanjala for Madam Nanzushi for the Plaintiff
Miss Wanjala, case proceeded Exparte