[2019] KEELC 4839 (KLR)
The court found that the plaintiff had established his claim on a balance of probabilities. The plaintiff was the registered proprietor of the suit land, and the defendants were merely licencees who had overstayed their welcome and acted contrary to the plaintiff’s interests by leasing the land to strangers without...
Source-derived case information.
- Citation
- [2019] KEELC 4839 (KLR)
- Parties
- Plaintiff: Kipkemoi Kiplagat; Defendant: Dinah Michael; Defendant: Christopher Kibet Mutai; Defendant: Patrick Kipkoech Mutai; Defendant: Joseph Kiptoo Mutai
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Land Case 87 of 2017
- Procedural Posture
- Land Case / Judgment
- Outcome
- Judgment for the plaintiff. Declaration granted. Eviction and permanent injunction orders issued.
- Judges
- FM Njoroge
- Legal Topics
- Proprietary Rights, Eviction, Permanent Injunction, Licencee Status
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kipkemoi Kiplagat
Plaintiff
Dinah Michael
Defendant
Christopher Kibet Mutai
Defendant
Patrick Kipkoech Mutai
Defendant
Joseph Kiptoo Mutai
Defendant
Procedural Posture
Land Case / Judgment
Legal Issues
- 1 Whether the defendants have any proprietary rights over Title Number Trans Nzoia /Suwerwa /212.
- 2 Whether the plaintiff is entitled to an order of eviction against the defendants.
- 3 Whether a permanent injunction should issue restraining the defendants from interfering with the plaintiff’s interest in the suit land.
Ratio Decidendi
The court found that the plaintiff had established his claim on a balance of probabilities. The plaintiff was the registered proprietor of the suit land, and the defendants were merely licencees who had overstayed their welcome and acted contrary to the plaintiff’s interests by leasing the land to strangers without consent. The defendants failed to contest the claim or provide any evidence of proprietary rights. Accordingly, the court held that the defendants had no proprietary rights over the land, and the plaintiff was entitled to the reliefs sought, including a declaration, eviction, and a permanent injunction.
Court Disposition
Judgment for the plaintiff. Declaration granted. Eviction and permanent injunction orders issued.
Orders
- A declaration that the defendants have no proprietary rights over the suit land Title Number Trans Nzoia /Suwerwa /212.
- An order of eviction to issue against the defendants, their families, agents and servants from the suit land.
Full Case Text
Judgment text and source record
36 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT KITALE
LAND CASE NO. 87 OF 2017
KIPKEMOI KIPLAGAT.......................................................1ST PLAINTIFF
VERSUS
DINAH MICHAEL............................................................1ST DEFENDANT
CHRISTOPHER KIBET MUTAI....................................2ND DEFENDANT
PATRICK KIPKOECH MUTAI.....................................3RD DEFENDANT
JOSEPH KIPTOO MUTAI.............................................4TH DEFENDANT
JUDGMENT
1. The defendants in this suit, despite being served with summons, plaint and verifying affidavit, never entered appearance or filed any defence hence the suit proceeded ex-parte against them.
2. In the plaint dated 3/5/2017 that was filed on 10/5/2017, the plaintiff seeks the following orders:
(a) A declaration that the defendants have no proprietary rights over the suit land Title Number Trans Nzoia /Suwerwa /212;
(b) An order of eviction to issue against the defendants their families, agents and servants from the suit land;
(c) A permanent injunction restraining the defendants their families’ agents and /or servants from trespassing on, dealing with or in any other manner interfering with the plaintiff’s interest in the suit land.
3. The plaint states that the defendants are licencees who were only temporarily allowed on the land by the plaintiff as caretakers. Their late father was according to the plaint was also allowed to stay on the land.
4. However, according to the plaintiffs, the defendants have now parted with possession of the land by leasing it to strangers without the plaintiff’s consent. They also became uncooperative and hostile to the plaintiff when asked to vacate the suit land hence the suit.
5. The plaintiff, testified on 12/11/2018. He adopted his statement filed in court record dated 3/5/2017 as his evidence-in-chief. I have examined that statement and the plaint. The defendants have not opposed the claim.
6. The plaintiff produced the original title to the land, it is registered in his name. It was issued on 26/2/2015. I find that the plaintiff has established his claim on a balance of probabilities against the defendants. Consequently I hereby enter judgment in favour of the plaintiff against the defendants jointly and severally and I hereby grant the following orders:
(a) A declaration that the defendants have no proprietary rights over the suit land Title Number Trans Nzoia /Suwerwa /212;
(b) An order of eviction to issue against the defendants their families, agents and servants from the suit land;
(c) A permanent injunction restraining the defendants their families, agents and /or servants from trespassing on, dealing with or in any other manner interfering with the plaintiff’s interest in the suit land.
Dated, signed and delivered at Kitale on this 29th day of January, 2019.
MWANGI NJOROGE
JUDGE
29/01/2019
Coram:
Before - Hon. Mwangi Njoroge, Judge
Court Assistant - Picoty
N/A for the plaintiff
N/A for the defendants
COURT
Judgment read in open court.
MWANGI NJOROGE
JUDGE
29/01/2019