[2018] KEELC 1745 (KLR)
The Plaintiff's evidence, including documentary proof of ownership and uncontroverted testimony, established a prima facie case of ownership of the suit premises. The Defendants, having failed to enter appearance or file a defence, did not challenge the Plaintiff's claim. The court found that the Plaintiff is the...
Source-derived case information.
- Citation
- [2018] KEELC 1745 (KLR)
- Parties
- Plaintiff: Hamidu Moses Mruttu; Defendant: S.M. Rashid
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 3 of 2013
- Procedural Posture
- Civil Suit / Judgment
- Outcome
- Judgment for the Plaintiff. Permanent injunction and declaration of ownership granted. Costs awarded to Plaintiff.
- Judges
- LC Komingoi, AA Omollo
- Legal Topics
- Ownership Disputes, Permanent Injunction, Trespass, Declaration of Title
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hamidu Moses Mruttu
Plaintiff
S.M. Rashid
Defendant
Procedural Posture
Civil Suit / Judgment
Legal Issues
- 1 Whether the Plaintiff is the bona fide owner of the suit premises.
- 2 Whether the Defendants have trespassed on the Plaintiff's land.
- 3 Whether the Plaintiff is entitled to a permanent injunction restraining the Defendants from interfering with the suit premises.
Ratio Decidendi
The Plaintiff's evidence, including documentary proof of ownership and uncontroverted testimony, established a prima facie case of ownership of the suit premises. The Defendants, having failed to enter appearance or file a defence, did not challenge the Plaintiff's claim. The court found that the Plaintiff is the bona fide owner of the unregistered Plot Number 34296/IV within Taita Taveta County and that the Defendants had trespassed on the land. Consequently, the court granted a permanent injunction restraining the Defendants from interfering with the suit premises and issued a declaration of ownership in favour of the Plaintiff.
Court Disposition
Judgment for the Plaintiff. Permanent injunction and declaration of ownership granted. Costs awarded to Plaintiff.
Orders
- A permanent injunction is issued restraining the Defendants, their servants, agents, assigns and/or employees from trespassing, alienating, occupying, constructing or otherwise interfering with the suit premises being unregistered plot Number 34296/IV within Taita Taveta County.
- A declaration is issued that the Plaintiff is the bona fide owner of the suit premises being unregistered Plot Number 34296/IV within Taita Taveta County.
Full Case Text
Judgment text and source record
43 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT & LAND COURT
AT MOMBASA
ELC NO. 3 OF 2013
HAMIDU MOSES MRUTTU...........................................PLAINTIFF
VERSUS
S.M. RASHID..................................................................DEFENDANT
JUDGMENT
1. The Plaintiff has filed this suit against the Defendant seeking;
a) An order of permanent injunction to issue against the Defendants, their servants, agents, assigns and/or employees restraining them from trespassing, alienating, occupying, constructing or otherwise interfering with the suit premises.
b) A declaration that the Plaintiff is the bona fide owner of the suit premises.
c) Any other relief this court may deem fit under its jurisdiction.
d) Costs of this suit.
2. The Defendants who were duly served with summons to enter appearance and copies of plaint neglected to enter appearance and/or filed defence within the stipulated period. The matter therefore proceeded exparte.
3. It is the Plaintiff’s case that he is the owner of the suit premises. He sought that his witness statement dated 4th January, 2013 be adopted as part of his evidence.
In support of his case, he produced the following documents;
i) A part development plan.
ii) Power of Attorney.
iii) A letter dated 11th December, 1995.
iv) A letter dated 5th January, 1996.
v) A Bankers cheque dated 21st November, 2011.
vi) A Bankers cheque dated 21st November, 2011.
vii) A letter for Kshs.111,810 of allotment dated 12th July, 1996.
viii) Sale agreement.
ix) Letters from Town Council of Taveta.
x) Letters by the Plaintiff dated 18th May, 2012.
xi) Photographs of stones.
All these documents were produced as a bundle as exhibit P1.
4. The Plaintiff further told the court that the Defendants have trespassed on his parcel of land. He seeks orders of permanent injunction against them.
5. The Plaintiff’s case is uncontroverted. I find that he has made out a good case against the Defendants jointly and severally.
6. I hereby enter judgment in his favour as against the Defendants as follows;
a) That an order of permanent injunction be and is hereby issued restraining the Defendants, their servants, agents, assigns and/or employees from trespassing, alienating, occupying, constructing or otherwise interfering with the suit premises being unregistered plot Number 34296/IV within Taita Taveta County.
b) A declaration be and is hereby issued that the Plaintiff is the bona fide owner of the suit premises being unregistered Plot Number 34296/IV within Taita Taveta County.
c) Costs of the suit and interest.
It is so ordered.
DATED, and SIGNED at MOMBASA on the13th dayofJune, 2018.
___________
L. KOMINGOI
JUDGE
DATED, SIGNED and DELIVERED at MOMBASA on the13th dayofJune, 2018.
__________
A. OMOLLO
JUDGE