[2011] KEHC 763 (KLR)
The court found that the plaintiff had established, through documentary evidence, that he was the registered proprietor of the suit land. The defendants, having failed to file any defence or participate in the proceedings, did not challenge the plaintiff's ownership or provide any lawful justification for their...
Source-derived case information.
- Citation
- [2011] KEHC 763 (KLR)
- Parties
- Plaintiff: Kimutai Sitienei; Defendant: Musa Kiprop Korir; Defendant: Pius Kosgei Chelelgo; Defendant: Stephen Kipkoech Chelelgo
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 9 of 2011
- Procedural Posture
- Civil Suit / Judgment
- Outcome
- Judgment for the plaintiff. Orders of eviction and permanent injunction granted. Claim for mesne profits dismissed. Costs awarded to the plaintiff.
- Legal Topics
- Eviction, Trespass, Registered Proprietorship, Permanent Injunction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Kimutai Sitienei
Plaintiff
Musa Kiprop Korir
Defendant
Pius Kosgei Chelelgo
Defendant
Stephen Kipkoech Chelelgo
Defendant
Procedural Posture
Civil Suit / Judgment
Legal Issues
- 1 Whether the plaintiff is the registered proprietor of the suit land.
- 2 Whether the defendants are trespassers on the plaintiff's land.
- 3 Whether the plaintiff is entitled to orders of eviction and a permanent injunction against the defendants.
Ratio Decidendi
The court found that the plaintiff had established, through documentary evidence, that he was the registered proprietor of the suit land. The defendants, having failed to file any defence or participate in the proceedings, did not challenge the plaintiff's ownership or provide any lawful justification for their occupation. The court accepted the plaintiff's evidence that the defendants had trespassed on the land and continued to do so despite a demand to vacate. The claim for mesne profits was not proved as no evidence was adduced in support. Consequently, the court granted the plaintiff vacant possession and a permanent injunction, but declined to award mesne profits.
Court Disposition
Judgment for the plaintiff. Orders of eviction and permanent injunction granted. Claim for mesne profits dismissed. Costs awarded to the plaintiff.
Orders
- The defendants are ordered to give the plaintiff vacant possession of the suit property forthwith and in default an order of eviction to issue.
- The defendants, their agents, servants and family members are permanently restrained from carrying out any farming activities, further trespassing or in any other way dealing with the plaintiff’s title.
Full Case Text
Judgment text and source record
38 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT ELDORET
CIVIL SUIT NO. 9 OF 2011
KIMUTAI SITIENEI::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::PLAINTIFF
VERSUS
MUSA KIPROP KORIR::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::1ST DEFENDANT
PIUS KOSGEI CHELELGO:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::2ND DEFENDANT
STEPHEN KIPKOECH CHELELGO::::::::::::::::::::::::::::::::::::::::::::::::::::::::3RD DEFENDANT
JUDGMENT
In a plaint filed on 14th January, 2011, Kimutai Sitieneithe plaintiffsought orders of this court for the eviction of the defendants, mesne profits and a permanent injunction restraining the defendants, their servants, agents and family members from carrying out any farming activities, further trespassing or in any other way dealing with the plaintiff’s parcel of land known as Uasin Gishu/Kipkabus Settlement Scheme/336 comprising 4 hectares. The defendants are Musa Kiprop Korir, Pius Kosgei ChelelgoandStephen Kipkoech Chelelgo.
The defendants filed no defence or other form of response to the plaintiff’s plaint.
On 19th October, 2011 the plaintiff took the witness stand and testified that the said piece of land belonged to him. He produced a copy of the Title Deed for the piece of land which title was in his name. He further produced a search certificate of the suit title which also confirmed that the said piece of land was registered in his name on 30th August, 1990.
The plaintiff further testified, that nine (9) years ago, the defendants invaded his piece of land and still trespassed thereon at the time of trial. As the registered proprietor he sought the eviction of the defendants and further that they be restrained from further trespassing on his said piece of land. He produced a letter addressed to the defendants in which he demanded they vacate his land but they had not complied.
I accept the plaintiff’s evidence. On the basis thereof, I find that he is the registered proprietor of the suit land and that the defendants are trespassers upon the same. The claim for mesne profits was not demonstrated.
In the result, I enter judgment for the plaintiff as follows:-
1)The defendants are hereby ordered
to give the plaintiff vacant possession
of the suit property forthwith and in
default an order of eviction to issue.
2)The defendants, their agents, servants
and family members are hereby
permanently restrained from carrying
out any farming activities, further
trespassing or in any other way dealing
with the plaintiff’s title.
3)The defendants are condemned to pay
the plaintiff’s costs of the suit.
Orders accordingly.
DATED AND DELIVERED AT ELDORET
THIS 30TH DAY OF NOVEMBER, 2011
F. AZANGALALA
JUDGE
Read in the presence of:
Mr. Nyamweya for the Respondent
F. AZANGALALA
JUDGE
30TH NOVEMBER, 2011