[2021] KEELC 3033 (KLR)
The court found that the plaintiff had established his claim to the suit land on a balance of probabilities by providing documentary evidence of purchase and long-term possession. The absence of any defence or contrary evidence from the defendant further strengthened the plaintiff's case. The court was satisfied...
Source-derived case information.
- Citation
- [2021] KEELC 3033 (KLR)
- Parties
- Plaintiff: Julias Masinde; Defendant: Francis Wafula
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 144 of 2017
- Procedural Posture
- Land Case / Judgment
- Outcome
- Judgment for the plaintiff as prayed in the plaint.
- Legal Topics
- Eviction, Permanent Injunction, Quiet Possession, Land Ownership, Title Dispute
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Julias Masinde
Plaintiff
Francis Wafula
Defendant
Procedural Posture
Land Case / Judgment
Legal Issues
- 1 Whether the plaintiff is entitled to eviction orders against the defendant from the suit land.
- 2 Whether the plaintiff is entitled to a permanent injunction restraining the defendant from interfering with the suit land.
- 3 Whether the plaintiff has established ownership and right to possession of the suit land.
Ratio Decidendi
The court found that the plaintiff had established his claim to the suit land on a balance of probabilities by providing documentary evidence of purchase and long-term possession. The absence of any defence or contrary evidence from the defendant further strengthened the plaintiff's case. The court was satisfied that the plaintiff was entitled to the orders sought, including eviction of the defendant and a permanent injunction restraining the defendant from interfering with the plaintiff's quiet possession of the land. The judgment was entered in favour of the plaintiff as prayed in the plaint.
Court Disposition
Judgment for the plaintiff as prayed in the plaint.
Orders
- The defendant is evicted from the plaintiff's 5 acres comprised in land Title No. Trans-Nzoia/Maridadi/209.
- A permanent injunction is issued restraining the defendant, his agents or servants or any other person from interfering with the plaintiff's quiet use and possession of the suit land.
Full Case Text
Judgment text and source record
11 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT KITALE
LAND CASE NO. 144 OF 2017
JULIAS MASINDE..............................................PLAINTIFF
VERSUS
FRANCIS WAFULA........................................DEFENDANT
JUDGMENT
The plaintiff commenced this suit vide a plaint dated 19/8/2017 which was filed on 23/8/2017. The plaintiff sought orders of eviction of the defendant from his 5 acres comprised in land Title No. Trans-Nzoia/Maridadi/209. He also sought an order of permanent injunction restraining the defendant, his agents or servants or any other person from interfering with his quiet use and possession of the suit land, costs and interest. On 25/5/2021 the suit came up for hearing and it proceeded ex parte as the defendant was absent. The plaintiff alone testified in his case and adopted his written witness statement dated 19/8/2017 as his evidence-in-chief. The plaintiff’s claim is that he bought the suit land through Njoloole Farmers Company Ltd. All the receipts bearing the name of that company were issued in his name; he has been utilizing the land from 1984up to the time the defendant invaded it. P. Exhibit 3 recommends that he be settled on the suit land. I have considered the pleadings and the evidence and I find that the plaintiff has established his claim against the defendant on a balance of probabilities. Consequently, I enter judgment the plaintiff’s favour against the defendant as prayed in Prayers Nos. (a), (b)and(d) in the plaint dated 19/8/2017.
DATED, SIGNED AND DELIVERED AT KITALE VIA ELECTRONIC MAIL ON THIS 7TH DAY OF JUNE, 2021.
MWANGI NJOROGE
JUDGE, ELC, KITALE