[2018] KEELC 399 (KLR)
The court found that the Plaintiffs had established their ownership and possessory rights over Plot No. 314 on Mavoko Town Block 3/6270 through documentary evidence, including an agreement of sale and a letter of allotment from Kimongo Self Help Group. The Defendant, having failed to appear or file a defence, did...
Source-derived case information.
- Citation
- [2018] KEELC 399 (KLR)
- Parties
- Plaintiff: Kennedy Munyao; Plaintiff: Monica Benjamin Muthoka; Defendant: Joseph Kipkorir Kipkurui
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 461 of 2017
- Procedural Posture
- Land and Property Suit / Judgment
- Outcome
- Plaintiffs' suit allowed. Eviction order granted against Defendant. Costs awarded to Plaintiffs.
- Judges
- OA Angote
- Legal Topics
- Eviction, Ownership Dispute, Allotment Letter, Self Help Group Land, Possession, Costs of Suit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kennedy Munyao
Plaintiff
Monica Benjamin Muthoka
Plaintiff
Joseph Kipkorir Kipkurui
Defendant
Procedural Posture
Land and Property Suit / Judgment
Legal Issues
- 1 Whether the Plaintiffs are the lawful owners of Plot No. 314 on Mavoko Town Block 3/6270.
- 2 Whether the Defendant has any superior rights or interests over the suit land.
- 3 Whether the Plaintiffs are entitled to an order of eviction against the Defendant.
Ratio Decidendi
The court found that the Plaintiffs had established their ownership and possessory rights over Plot No. 314 on Mavoko Town Block 3/6270 through documentary evidence, including an agreement of sale and a letter of allotment from Kimongo Self Help Group. The Defendant, having failed to appear or file a defence, did not challenge the Plaintiffs' evidence or assert any superior right to the property. On the balance of probabilities, the Plaintiffs' case was proved, entitling them to an order of eviction against the Defendant and costs of the suit.
Court Disposition
Plaintiffs' suit allowed. Eviction order granted against Defendant. Costs awarded to Plaintiffs.
Orders
- The Defendant to be evicted from Plot No. 314 on parcel of land known as Mavoko Town Block 3/6270 within sixty (60) days of being served with this order.
- The Defendant to pay the costs of the suit.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT MACHAKOS
ELC. CASE NO. 461 OF 2017
KENNEDY MUNYAO....................................................1ST PLAINTIFF
MONICA BENJAMIN MUTHOKA............................2ND PLAINTIFF
VERSUS
JOSEPH KIPKORIR KIPKURUI.....................................DEFENDANT
JUDGMENT
1. In the Plaint dated 21st November, 2017, the 1st Plaintiff averred that he is the registered proprietor of land known as Plot No. 314 held as a share in Kimongo Self Help Group located on parcel of land number Mavoko Town Block 3/6270; that the rights and interests of ownership of the land was vested in the 1st Plaintiff upon execution of an agreement dated 29th June, 2010 and that it is the 2nd Plaintiff who developed the land. According to the Plaintiffs, the Defendant has refused to vacate the suit land and that an order of eviction should issue.
2. The Defendant did not enter appearance nor file a Defence after being served with the Summons to Enter Appearance and the Plaint. The 2nd Plaintiff, PW1, informed the court that she is the biological mother of the 1st Plaintiff; that she purchased plot number 314 which is located within parcel of land known as Mavoko Town Block 3/6270 from Salome Mutindi Benson, which was held as a share in Kimongo Self Help Group and that she then constructed a house on the land.
3. It was the evidence of PW1 that after constructing the house, the Defendant forcefully ejected her and the 1st Plaintiff from the house and that he has since refused to vacate.
4. The 1st Plaintiff, PW2, stated that her mother, the 2nd Plaintiff, purchased for him the suit land; that he was given a letter of allotment from the Self Help Group and that her mother developed the suit land. According to PW2, the Defendant was allowed by his mother to live in the house which is located on the suit land. However, he has since refused to vacate the suit premises.
5. PW3 informed the court that she was the previous owner of a plot located on Mavoko Town Block 3/6270; that she sold the said plot to the 2nd Plaintiff for Kshs. 70,000 and that the Defendant has refused to vacate the suit land.
6. To support her claim, the 2nd Plaintiff, PW1, produced in evidence the Agreement dated 29th June, 2010 that PW2 entered into with Salome Mutindi, PW3. PW1 also produced a copy of the letter of allotment which was issued in favour of the 1st Plaintiff by Kimongo Self Help Group in respect of Plot number 314 on L.R. No. 6270.
7. Considering that the Plaintiffs are in possession of a letter of allotment for Plot No. 314, and in the absence of any evidence by the Defendant to show that he has superior rights over the land, I find that the Plaintiffs have proved their case on a balance of probability. The Plaint dated 29th November, 2017 is therefore allowed as follows:
a. The Defendant to be evicted from Plot No. 314 on parcel of land known as Mavoko Town Block 3/6270 within sixty (60) days of being served with this order.
b. The Defendant to pay the costs of the suit.
DATED, DELIVERED AND SIGNED IN MACHAKOS THIS 7TH DAY OF DECEMBER, 2018.
O.A. ANGOTE
JUDGE