[2018] KEELC 2647 (KLR)
The court found that the plaintiff's evidence regarding ownership and interference was uncontroverted due to the defendant's failure to file a defence or participate in the proceedings. The court accepted the plaintiff's documentary evidence as proof of his interest in the suit property. However, the court noted...
Source-derived case information.
- Citation
- [2018] KEELC 2647 (KLR)
- Parties
- Plaintiff: George Mahugu Wanjiru; Defendant: Joseph Mwongeri
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 1168 of 2015
- Procedural Posture
- Civil Suit / Judgment
- Outcome
- Plaintiff's claim for permanent injunction granted; claim for general damages dismissed.
- Judges
- BM Eboso
- Legal Topics
- Ownership Dispute, Injunctions, Trespass, Informal Land Transfer
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Mahugu Wanjiru
Plaintiff
Joseph Mwongeri
Defendant
Procedural Posture
Civil Suit / Judgment
Legal Issues
- 1 Whether the plaintiff is entitled to a permanent injunction restraining the defendant from interfering with or trespassing on the suit property.
- 2 Whether the plaintiff is entitled to general damages for the alleged interference.
Ratio Decidendi
The court found that the plaintiff's evidence regarding ownership and interference was uncontroverted due to the defendant's failure to file a defence or participate in the proceedings. The court accepted the plaintiff's documentary evidence as proof of his interest in the suit property. However, the court noted that the plaintiff failed to provide evidence or legal basis for the claim for general damages, and thus that limb of the claim was dismissed. The court granted the prayer for a permanent injunction restraining the defendant from interfering with or trespassing on the suit property and awarded costs to the plaintiff.
Court Disposition
Plaintiff's claim for permanent injunction granted; claim for general damages dismissed.
Orders
- A permanent injunction is issued restraining the defendant from interfering with or trespassing on Plot No. 146 of Land Parcel LR Ngong/Ngong/4798.
- The plaintiff shall have costs of the suit.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT NAIROBI
ELC CIVIL SUIT NO. 1168 OF 2015
GEORGE MAHUGU WANJIRU................PLAINTIFF
VERSUS
JOSEPH MWONGERI.............................DEFENDANT
JUDGMENT
1. On 28/10/2015, the plaintiff, George Mahugu Wanjiru, brought this suit contending that he was the owner of “Plot No. 146 of Land Parcel LR Ngong/Ngong/4798” (the suit property). His case was that the defendant had laid claim to the suit property and had interfered with his quiet possession of the suit property. He sought a permanent injunction restraining the defendant against interfering with or trespassing on the suit property. He also sought general damages. Despite service of summons, the defendant did not file a defence. Consequently, the suit was heard as an undefended cause.
2. At the hearing, the plaintiff adopted his written witness statement in which he stated that he bought the plot from one Lucy Wanjiru Wangari. He further stated that the defendant was laying claim to the suit property and he had interfered with his quiet possession of the suit property. He produced, among other document; an agreement for sale between Lucy Wanjiru Wangari and himself; an acknowledgement of final payment from Lucy Wanjiru Wangari; an informal transfer Form from Ruaraka Sabuni Development Co. Limited; Informal certificate No. 311; Informal certificate No. 326; and Demand Notice dated 8/9/2015.
3. I have considered the uncontroverted evidence of the plaintiff. It does appear that Plot No. 146 is part of a larger registered parcel of land known as Ngong/Ngong/4798. It is not clear who the registered proprietor of that larger registered parcel is. Neither the title nor an official search was tendered in evidence in respect of the larger registered title.
4. Similarly, although the plaintiff sought general damages, nothing was tendered in evidence to support the plea for general damages. Nothing was said about this limb in submissions. In the absence of evidential and/or legal basis, the claim for general damages fails
5. In the absence of any controverting evidence from the defendant, I hereby, grant prayer (a) of the plaint against the defendant. The plaintiff shall have costs of this suit.
DATED, SIGNED AND DELIVERED AT NAIROBI ON THIS 6TH DAY OF JULY 2018.
B M EBOSO
JUDGE