[2010] KEHC 2063 (KLR)
The court found that the plaintiff is the registered owner of the suit land and had only permitted the defendant to reside there temporarily. Upon withdrawal of consent, the defendant's continued occupation became unlawful. The defendant's ownership of a separate parcel and the elders' directive to vacate further...
Source-derived case information.
- Citation
- [2010] KEHC 2063 (KLR)
- Parties
- Plaintiff: John Arum Obudo; Defendant: Dickson Oowiti Obudo
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 77 of 2006
- Procedural Posture
- Civil Suit / Judgment
- Outcome
- Plaintiff's claim allowed. Defendant to be evicted from the suit land. Plaintiff awarded costs.
- Judges
- DK Musinga
- Legal Topics
- Eviction, Ownership Dispute, Land Registration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Arum Obudo
Plaintiff
Dickson Oowiti Obudo
Defendant
Procedural Posture
Civil Suit / Judgment
Legal Issues
- 1 Whether the defendant is unlawfully occupying the plaintiff's registered land parcel.
- 2 Whether the plaintiff is entitled to an eviction order against the defendant.
Ratio Decidendi
The court found that the plaintiff is the registered owner of the suit land and had only permitted the defendant to reside there temporarily. Upon withdrawal of consent, the defendant's continued occupation became unlawful. The defendant's ownership of a separate parcel and the elders' directive to vacate further supported the plaintiff's claim. The defendant's defence and counterclaim having been struck out, there was no valid challenge to the plaintiff's title. The court held that the plaintiff had proved his case on a balance of probabilities and was entitled to an eviction order against the defendant.
Court Disposition
Plaintiff's claim allowed. Defendant to be evicted from the suit land. Plaintiff awarded costs.
Orders
- The defendant shall be evicted from land parcel West Kasipul/Konuonga/154 forthwith.
- The plaintiff shall have the costs of the suit.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KISII Civil Suit 77 of 2006
JOHN ARUM OBUDO............................................................................PLAINTIFF
VERSUS
DICKSON OOWITI OBUDO..............................................................DEFENDANT
JUDGMENT
The plaintiff is the registered owner of land parcelNo. West Kasipul/Konuonga/154measuring approximately 4. 8 hectares, hereinafter referred to as“the suit land”. He claimed that he allowed the defendant who is his younger brother, to live in his home when he was a young boy after their father died. That was way back in 1980. In 2006 the defendant started interfering with the suit land.
The plaintiff withdrew the consent which he had given to the defendant and requested him to vacate the suit land but the defendant refused. The defendant has his own parcel of land known asWest Kasipul/Kanuonga/152. The plaintiff produced a certificate of official search in proof thereof.
When the plaintiff reported the matter to the local elders, a meeting was convened and the defendant was ordered to move out of the suit land but he refused and/or failed to do so. The plaintiff urged the court to issue an eviction order against the defendant.
Although the defendant had filed a statement of defence and counterclaim and denied the plaintiff’s claim, the same was struck out vide a ruling delivered by Gacheche, J. on 11th October, 2007. I am satisfied that the plaintiff has proved his case on a balance of probabilities and I order that the defendant be evicted from the suit land forthwith. The plaintiff shall have the costs of the suit.
DATED, SIGNED AND DELIVERED AT KISII THIS 29TH DAY OF JUNE, 2010.
D. MUSINGA
JUDGE.
29/6/2010
Before D. Musinga, J.
Mobisa – cc
Mr. Ochwangi for the Plaintiff
Court:Judgment delivered in open court on 29th June, 2010.
D. MUSINGA
JUDGE.