[2016] KEELC 275 (KLR)
The Plaintiff established, through production of the original Title Deed, that he is the registered proprietor of the suit property. The Defendants, having failed to enter appearance or file a Defence, did not challenge the Plaintiff's evidence or provide any justification for their actions. The court found that the...
Source-derived case information.
- Citation
- [2016] KEELC 275 (KLR)
- Parties
- Plaintiff: Johnson Karisa; Defendant: Nzai Kombe Unda; Defendant: Kenga Chenga Kaviha
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Civil Case 32 of 2012
- Procedural Posture
- Civil Case / Judgment
- Outcome
- Plaintiff's suit allowed as prayed.
- Judges
- OA Angote
- Legal Topics
- Land Ownership, Trespass, Injunctive Relief
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Johnson Karisa
Plaintiff
Nzai Kombe Unda
Defendant
Kenga Chenga Kaviha
Defendant
Procedural Posture
Civil Case / Judgment
Legal Issues
- 1 Whether the Plaintiff is the registered proprietor of Ngomeni Squatters Settlement/1054.
- 2 Whether the Defendants trespassed and harvested sand from the suit property.
- 3 Whether the Plaintiff is entitled to a permanent injunction against the Defendants.
Ratio Decidendi
The Plaintiff established, through production of the original Title Deed, that he is the registered proprietor of the suit property. The Defendants, having failed to enter appearance or file a Defence, did not challenge the Plaintiff's evidence or provide any justification for their actions. The court found that the Plaintiff had proved his case on a balance of probabilities and was entitled to the reliefs sought, specifically a permanent injunction restraining the Defendants from trespassing, harvesting sand, or interfering with the suit property.
Court Disposition
Plaintiff's suit allowed as prayed.
Orders
- A permanent injunction is issued restraining the Defendants from trespassing, harvesting sand, committing acts of wastage, and interfering with Ngomeni Squatters Settlement/1054.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT MALINDI
ELC CIVIL CASE NO. 32 OF 2012
JOHNSON KARISA................................................PLAINTIFF
=VERSUS=
1. NZAI KOMBE UNDA
2. KENGA CHENGA KAVIHA..........................DEFENDANTS
J U D G M E N T
1. In his Plaint dated 1st October, 2012, the Plaintiff averred that he is the registered proprietor of a parcel of land known as Ngomeni Squatters Settlement/1054 (the suit property); that the Defendants have continued cultivating sand from the suit property and that the Defendants have continued to trespass on the land.
2. The Plaintiff's prayer in the Plaint is for a permanent injunction restraining the Defendants from trespassing, harvesting sand, committing acts of wastages and interfering with the suit property.
3. Although the Defendants were served with the Summons to Enter Appearance, they neither entered appearance not filed a Defence.
4. The matter proceeded for hearing on 10th October, 2016. The Plaintiff, PW1 Informed the court that he is the registered owner of the suit property and that the Defendants invaded the land and started harvesting sand.
5. The Plaintiff produced in evidence the original Title Deed in respect of the suit property. The said Title Deed shows the Plaintiff as the proprietor of the suit land.
6. In the absence of evidence by the Defendants to rebut the Plaintiff's testimony, 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 1st October, 2012 as prayed.
Dated, signed and delivered in Malindi this 4th day of November, 2016.
O. A. Angote
Judge