[2016] KEELC 903 (KLR)
The court found that the Plaintiff had established ownership of the suit property by producing a valid Title Deed and supporting documents. The Defendants, having failed to enter appearance or file a Defence, did not challenge the Plaintiff's evidence. The court held that the Plaintiff was entitled to exclusive...
Source-derived case information.
- Citation
- [2016] KEELC 903 (KLR)
- Parties
- Plaintiff: Juma Fadhil Omar; Defendant: Kitsao Nzai; Defendant: Karisa Kahindi Nzai
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 10 of 2013
- Procedural Posture
- Land and Property Suit / Judgment
- Outcome
- Plaintiff's claim allowed. Defendants to be evicted and to pay costs.
- Judges
- OA Angote
- Legal Topics
- Eviction, Ownership of Land, Title Deeds
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Juma Fadhil Omar
Plaintiff
Kitsao Nzai
Defendant
Karisa Kahindi Nzai
Defendant
Procedural Posture
Land and Property Suit / Judgment
Legal Issues
- 1 Whether the Plaintiff is the lawful owner of parcel Gede/Dabaso/125.
- 2 Whether the Defendants are unlawfully occupying the suit property.
- 3 Whether the Plaintiff is entitled to an order of eviction against the Defendants.
Ratio Decidendi
The court found that the Plaintiff had established ownership of the suit property by producing a valid Title Deed and supporting documents. The Defendants, having failed to enter appearance or file a Defence, did not challenge the Plaintiff's evidence. The court held that the Plaintiff was entitled to exclusive possession of the land and that the continued occupation by the Defendants was unlawful. Consequently, the Plaintiff was entitled to an order of eviction and costs of the suit.
Court Disposition
Plaintiff's claim allowed. Defendants to be evicted and to pay costs.
Orders
- The Defendants be and are hereby evicted from parcel of land known as Gede/Dabaso/125.
- The Defendants to pay the Plaintiff the costs of the suit.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT MALINDI
ELC NO. 10 OF 2013
JUMA FADHIL OMAR..............................................................................PLAINTIFF
=VERSUS=
1. KITSAO NZAI
2. KARISA KAHINDI NZAI................................................................DEFENDANTS
J U D G M E N T
In his Plaint dated 23rd January, 2013, the Plaintiff is seeking for an order evicting the Defendants from parcel of land known as Gede/Dabaso/125.
The Plaintiff has averred in the Plaint that he purchased the suit property from Mr. Nzai Kiraga; that the Defendants are the sons of Mr. Nzai and that the Defendants are residing on a portion of the suit land.
Although the Defendants were served with the Plaint and the Summons to Enter Appearance, they neither entered appearance nor filed a Defence.
The matter proceeded for formal proof on 23rd February, 2016.
The Plaintiff, PW1, informed the court that he purchased the suit property from Mr. Nzai in 1982; that the Defendants are unlawfully occupying the suit property and that although the Defendants were directed to pay Kshs.16,400 by the Chief for the trees that they cut down, they have refused to do so.
The Plaintiff produced in evidence the Title Deed for the suit property that was issued to him on 31st December 1982.
The Plaintiff also produced the Transfer document and the official search showing that he is the registered owner of the suit property.
On the basis of the evidence before me, I am satisfied that the Plaintiff has proved his case on a balance of probabilities.
For those reasons, I allow the Plaintiff's Plaint dated 23rd January, 2013 in the following terms:-
(a) The Defendants be and are hereby evicted from parcel of land known as Gede/Dabaso/125
(b) The Defendants to pay the Plaintiff the costs of the suit.
Dated, signed and delivered in Malindi this 13th day of May, 2016.
O. A. Angote
Judge