[2017] KEELC 628 (KLR)
The court found that the plaintiff is the registered owner of the suit land, North Malakisi/South Wamono/843, and that the defendants entered and occupied a portion of 6½ acres without any lawful justification. The defendants were duly served with pleadings and hearing notices but failed to enter appearance, file a...
Source-derived case information.
- Citation
- [2017] KEELC 628 (KLR)
- Parties
- Plaintiff: Haji Abdul Wekesa Maungo; Defendant: David Kilongi Masindano; Defendant: Matanda Fred Wekesa; Defendant: Mutuli Samson; Defendant: Paul Sanyanda
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 58 A of 2017
- Procedural Posture
- Land and Environment Case / Judgment
- Outcome
- Plaintiff's claim allowed. Defendants to be evicted from the suit land. Plaintiff awarded costs.
- Legal Topics
- Eviction, Trespass to Land, Ownership of Land
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Haji Abdul Wekesa Maungo
Plaintiff
David Kilongi Masindano
Defendant
Matanda Fred Wekesa
Defendant
Mutuli Samson
Defendant
Paul Sanyanda
Defendant
Procedural Posture
Land and Environment Case / Judgment
Legal Issues
- 1 Whether the plaintiff is the registered owner of the suit land.
- 2 Whether the defendants unlawfully 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 is the registered owner of the suit land, North Malakisi/South Wamono/843, and that the defendants entered and occupied a portion of 6½ acres without any lawful justification. The defendants were duly served with pleadings and hearing notices but failed to enter appearance, file a defence, or attend the hearing. As there was no opposition to the plaintiff's claim and the evidence was formally proved, the court held that the plaintiff is entitled to the orders sought, including eviction of the defendants from the suit land and costs of the suit.
Court Disposition
Plaintiff's claim allowed. Defendants to be evicted from the suit land. Plaintiff awarded costs.
Orders
- The defendants shall be evicted from North Malakisi/South Wamono/843 by court brokers with the assistance of the In-charge O.C.S Malakisi Police Station.
- The plaintiff shall have costs of the suit.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA.
IN THE HIGH COURT OF KENYA AT BUNGOMA.
ELC CASE NO. 58A OF 2017.
HAJI ABDUL WEKESA MAUNGO………………......……….PLAINTIFF
VERSUS.
DAVID KILONGI MASINDANO…...……………………….1ST DEFENDANT
MATANDA FRED WEKESA……………………………….2ND DEFENDANT
MUTULI SAMSON………………………………………....3RD DEFENDANT
PAUL SANYANDA…………………………………….……4TH DEFENDANT
JUDGMENT.
[1] The plaintiff Haji Abdul Wekesa Maungo is the registered owner of Land parcel North Malakisi/South Wamono/843. He was registered as owner on 9/4/2002 and was issued with a tile deed on the same date.
The defendants herein entered his land and occupied a portion of 6½ acres in the year 2002. He sent them a demand notice to vacate and move out but they have refused to do so. He then filed this suit for eviction against the defendants. The defendants were served with the pleadings and a return of service was filed in Court on 24/7/2017. The defendants did not file their appearance and/or defence inspite of service. This case was fixed for hearing on 7/12/2017 and the defendants were duly served. On the date of hearing the defendants did not attend. The plaintiff then formally proved his case.
[2] There is no opposition to the prayers of the plaintiff and they are allowed. The defendants shall be evicted from the suit land by the court brokers of the Court with the assistance of the In-charge O.C.S Malakisi Police Station. The plaintiff shall also have costs of the suit.
It is so ordered.
Dated at Bungoma this 18thday of December, 2017.
S. MUKUNYA
JUDGE.
In the presence of:
Hon. S. Mukunya (Judge)
Gladys: Court Assistant
Plaintiff – Present In Person