[2021] KEELC 2368 (KLR)
The court found that the plaintiff had established his claim on a balance of probabilities by proving his registered ownership of the suit land and the defendant's unlawful entry and continued occupation. The defendant failed to respond or contest the suit, and the plaintiff's evidence remained unchallenged. The...
Source-derived case information.
- Citation
- [2021] KEELC 2368 (KLR)
- Parties
- Plaintiff: Johnson Nyamatari Nchore; Defendant: Mary Aure
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Land Case 28 of 2021
- Procedural Posture
- Land Case / Judgment
- Outcome
- Judgment for the plaintiff. Orders of eviction and permanent injunction granted as prayed in the plaint.
- Legal Topics
- Eviction, Trespass, Ownership Dispute
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Johnson Nyamatari Nchore
Plaintiff
Mary Aure
Defendant
Procedural Posture
Land Case / Judgment
Legal Issues
- 1 Whether the plaintiff is the registered proprietor of Land Title No. Trans Nzoia/Kapkoi/612.
- 2 Whether the defendant trespassed onto the plaintiff's land and interfered with his possession and ownership rights.
- 3 Whether the plaintiff is entitled to an order of eviction and a permanent injunction against the defendant.
Ratio Decidendi
The court found that the plaintiff had established his claim on a balance of probabilities by proving his registered ownership of the suit land and the defendant's unlawful entry and continued occupation. The defendant failed to respond or contest the suit, and the plaintiff's evidence remained unchallenged. The court held that the plaintiff was entitled to the orders sought, including eviction and a permanent injunction, as the defendant's actions amounted to trespass and interference with the plaintiff's proprietary rights.
Court Disposition
Judgment for the plaintiff. Orders of eviction and permanent injunction granted as prayed in the plaint.
Orders
- The defendant and her agents are evicted from Land Title No. Trans Nzoia/Kapkoi/612.
- A permanent injunction is issued restraining the defendant and her agents from trespassing or interfering with the plaintiff's ownership, possession, or interest in the suit land.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT KITALE
LAND CASE NO. 28 OF 2021
JOHNSON NYAMATARI NCHORE.....PLAINTIFF
VERSUS
MARY AURE........................................DEFENDANT
JUDGMENT
Vide a plaint dated 16/4/2021 and filed in court on 20/4/2021 the plaintiff instituted the present suit against the defendant seeking an order of eviction to issue against the defendant and her agents and also a permanent injunction do issue restraining the defendant and her agents from trespassing or in any manner interfering with the plaintiff’s ownership, possession and/or interest in the suit Land Title No. Trans Nzoia/Kapkoi/612 and costs of this suit. The plaintiff’s case is that he is the registered proprietor of the suit land and that in January2021 while the plaintiff was away the defendant trespassed onto the suit land and has hired goons and prevented the plaintiff from accessing it. It is pleaded that the plaintiff served the defendant a notice to vacate on 15/1/2021 in vain hence the suit. The defendant never filed any memorandum of appearance or defence despite being served with summons and other documents on 30/4/2021 as evidenced by the affidavit of service sworn by one Concephter Oduorsworn 4/5/2021. The plaintiff testified on 28/7/2021 when this suit came up for formal proof. He relied on his witness statement filed in court on 20/4/2021. He produced evidence that he is the registered proprietor of the suit land and of service of the notice and photographic evidence of the defendant’s activities on the suit land. The evidence of the plaintiff was not controverted. The suit went unopposed.
I find that the plaintiff has established his claim against the defendant on a balance of probabilities and I therefore enter judgement in his favour against the defendant and I issue orders as prayed in prayers Nos. (a) (b) and (c) of the plaint dated 16/4/2021.
It is so ordered.
DATED, SIGNED AND DELIVERED AT KITALE VIA ELECTRONIC MAIL ON THIS 29TH DAY OF JULY, 2021
MWANGI NJOROGE
JUDGE, ELC, KITALE.