[2018] KEELC 346 (KLR)
The Plaintiff established, through uncontroverted evidence, that he is the registered proprietor of the suit land, Mitaboni/Mutituni/616. The Defendants' occupation was by virtue of a license granted by the Plaintiff, which was lawfully revoked by notice. The Defendants failed to vacate the land after notice and did...
Source-derived case information.
- Citation
- [2018] KEELC 346 (KLR)
- Parties
- Plaintiff: Jackson Kyalo Mutisya; Defendant: Catherine Mukii Kitheka; Defendant: Mutunga Kitheka; Defendant: Wambua Kitheka
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 247 of 2015
- Procedural Posture
- Land Case / Judgment
- Outcome
- Plaintiff's claim allowed in full.
- Judges
- OA Angote
- Legal Topics
- Vacant Possession, Eviction Orders, Registered Proprietorship, License to Occupy, Notice to Vacate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jackson Kyalo Mutisya
Plaintiff
Catherine Mukii Kitheka
Defendant
Mutunga Kitheka
Defendant
Wambua Kitheka
Defendant
Procedural Posture
Land Case / Judgment
Legal Issues
- 1 Whether the Plaintiff is the registered proprietor of Mitaboni/Mutituni/616 and entitled to exclusive possession.
- 2 Whether the Defendants' occupation was by license and if the license was lawfully revoked.
- 3 Whether the Plaintiff is entitled to orders of vacant possession and eviction against the Defendants.
Ratio Decidendi
The Plaintiff established, through uncontroverted evidence, that he is the registered proprietor of the suit land, Mitaboni/Mutituni/616. The Defendants' occupation was by virtue of a license granted by the Plaintiff, which was lawfully revoked by notice. The Defendants failed to vacate the land after notice and did not contest the Plaintiff's claim or evidence. The court held that the Plaintiff, as registered proprietor, is entitled to exclusive possession and use of the land. Consequently, the Plaintiff proved his case on a balance of probabilities and is entitled to orders for vacant possession and eviction of the Defendants, as well as costs of the suit.
Court Disposition
Plaintiff's claim allowed in full.
Orders
- The Defendants, their agents, servants and/or family members are ordered to vacate parcel of land known as Mitaboni/Mutituni/616 within sixty two (62) days of the date of this Judgment.
- In default of compliance, the Defendants shall be evicted from the suit land.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MACHAKOS
ELC. CASE NO. 247 OF 2015
JACKSON KYALO MUTISYA.......................................PLAINTIFF
VERSUS
CATHERINE MUKII KITHEKA ..........................1ST DEFENDANT
MUTUNGA KITHEKA ........................................2ND DEFENDANT
WAMBUA KITHEKA..........................................3RD DEFENDANT
JUDGMENT
1. In the Plaint dated 15th December, 2015, the Plaintiff averred that he is the registered proprietor of a parcel of land known as Mitaboni/Mutituni/616 situate in Mutituni, Machakos; that during his childhood, the African Inland Church purchased the suit land; that he granted to the Defendants a license to occupy the suit land and that when the African Inland Church purchased the land, it gave to the Defendants a notice of two (2) years to vacate the land.
2. The Plaintiff’s prayers is for vacant possession of land parcel number Mitaboni/Mutituni/616 and for an order of eviction to issue. The Defendants neither entered appearance nor filed a Defence even after being served with the Summons to Enter Appearance and the Plaint.
3. The Plaintiff, PW1, informed the court that he is the registered proprietor of the suit land; that he granted to his uncle and his family a license to occupy the suit land and that later on, he issued the Defendants with a notice to vacate the land and that they have declined to move out.
4. The Plaintiff produced in evidence a letter dated 25th September, 2015 by the Chief of Mutituni location. In the said letter, the Chief stated that the suit land is owned by the Plaintiff and that the Defendants, who are intruders on the suit land, have been threatening the Plaintiff.
5. PW1 also produced in evidence the letter dated 26th June, 2015 by his advocate. In the said letter, the Plaintiff’s advocate warned the Defendants against burying one Joseph Kitheka Mutisya on the suit land. Also produced in evidence is a copy of the Title Deed that was issued to the Plaintiff on 4th April, 2013.
6. The Plaintiff’s evidence that he is the registered proprietor of land known as Mitaboni/Mutituni/616 has not been controverted by the Defendants. Being the registered proprietor of the suit land, the Plaintiff is entitled to the exclusive possession and use of the land. Consequently, I find and hold that the Plaintiff has proved his case on a balance of probabilities.
7. For those reasons, I allow the Plaintiff’s Plaint dated 15th December, 2015 as follows:
a. The Defendants, their agents, servants and or family members be and are hereby ordered to vacate parcel of land known as Mitaboni/Mutituni/616 within sixty two (62) days of the date of this Judgment.
b. In default of compliance with prayer number (a) above, the Defendants be evicted from the suit land.
c. The Defendants to pay the costs of the suit.
DATED, DELIVERED AND SIGNED IN MACHAKOS THIS 14TH DAY OF DECEMBER, 2018.
O.A. ANGOTE
JUDGE