[2017] KEELC 593 (KLR)
The court found that the plaintiff had produced sufficient documentary evidence, including the original title deed and certified adjudication proceedings, establishing him as the registered owner of West Pokot/Kisaunet/695. The defendant, having been duly served, failed to oppose the claim or provide any evidence of...
Source-derived case information.
- Citation
- [2017] KEELC 593 (KLR)
- Parties
- Plaintiff: John Tukei Longurokol; Defendant: Geofrey Mepro Chepshokan
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Land Case 118 of 2017
- Procedural Posture
- Land Case / Judgment
- Outcome
- Judgment for the plaintiff. Prayers (a), (b), and (c) in the plaint granted.
- Judges
- FM Njoroge
- Legal Topics
- Ownership Disputes, Trespass, Eviction, Injunctive Relief
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Tukei Longurokol
Plaintiff
Geofrey Mepro Chepshokan
Defendant
Procedural Posture
Land Case / Judgment
Legal Issues
- 1 Whether the plaintiff is the registered owner of land parcel West Pokot/Kisaunet/695.
- 2 Whether the defendant has any proprietary interest in the suit land.
- 3 Whether the defendant should be evicted and/or restrained from interfering with the plaintiff's use and occupation of the land.
Ratio Decidendi
The court found that the plaintiff had produced sufficient documentary evidence, including the original title deed and certified adjudication proceedings, establishing him as the registered owner of West Pokot/Kisaunet/695. The defendant, having been duly served, failed to oppose the claim or provide any evidence of a proprietary interest. The court held that the plaintiff is entitled to exclusive possession of the land and that the defendant's continued occupation constitutes trespass. Accordingly, the court granted the plaintiff's prayers for a declaration of ownership, eviction of the defendant, and a permanent injunction restraining the defendant from interfering with the plaintiff's...
Court Disposition
Judgment for the plaintiff. Prayers (a), (b), and (c) in the plaint granted.
Orders
- A declaration that the defendant has no proprietary interest in land known as West Pokot/Kisaunet/695 and should vacate the same and/or be forcefully evicted.
- A permanent injunction restraining the defendant from interfering with the plaintiff's use and occupation of West Pokot/Kisaunet/695.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT KITALE
LAND CASE NO. 118 OF 2017
JOHN TUKEI LONGUROKOL........................................PLAINTIFF
VERSUS
GEOFREY MEPRO CHEPSHOKAN..........................DEFENDANT
JUDGMENT
1. The plaintiff brought this claim against the defendant vide a plaint dated 4/7/2017. In that plaint, he sought the following orders:-
(a) A declaration that the defendant by themselves, their servants and/or agents or any other person claiming through them have no proprietary interest in land known as West Pokot/Kisaunet/695 and should vacate the same and/or forcefully be evicted.
(b) A permanent injunction restraining the defendants either by themselves or through their agents or servants or any other claiming through them or acting on their behalf as the case maybe from cultivating, cutting trees, erecting, constructing or putting up a building, or any structure or improvements or whatever nature or damaging or committing acts of waste or any other manner whatsoever, interfering with the plaintiffs user and occupation of the land parcel comprised West Pokot/Kisaunet/695.
(c) Costs of the suit
(d) Interest
(e) Any other relief this honourable court may deem fit and just to grant.
2. According to the plaint and his oral evidence, the plaintiff’s case is that he is the registered owner of all that land known as West Pokot/Kisaunet/695 measuring approximately 4. 30 Ha; that the said land was bequeathed to him by his mother through a will in the year 1992; that the plaintiff has followed all the necessary procedures and obtained title to the land in his name; that the defendant has no right to live on or develop the suit land and yet he has trespassed onto and has been in wrongful occupation of the suit land.
3. I am satisfied that the defendant was served with summons as per the affidavit of service of one Wycliffe Juma, filed on 28/7/2017. The defendant has not opposed the plaintiff’s claim. The plaintiff testified on 9/7/2017. He produced the original title deed in respect of West Pokot/Kisaunet/695. It shows that he is the registered owner. He also produced the certified copy of the adjudication proceedings for the area. It shows that Mrs. Cheplegei Ariangornyangwho the plaintiff testified was his mother, lodged a complaint and was awarded a portion of Plot No. 77 in Kishaunet Adjudication Section Case No. 9/74-75.
All in all the bundle of documents produced by the plaintiff are in my view sufficient evidence that the plaintiff is the registered owner of the suitland. I therefore enter judgment in favour of the plaintiff against the defendant and granted prayers Nos. (a) (b)and(c) in the plaint dated 4/7/2017.
Dated, signed and delivered at Kitale on this 20thday of December, 2017.
MWANGI NJOROGE
JUDGE
20/12/2017
Before - Mwangi Njoroge -Judge
Court Assistant - Isabellah
N/A for the parties
COURT
Judgment read in open court in the absence of the parties who had been notified.
MWANGI NJOROGE
JUDGE
20/12/2017