[2015] KEHC 3161 (KLR)
The court found that the plaintiff lawfully purchased the suit land, obtained the necessary Land Control Board consent, and was issued with a valid title. The evidence presented by the plaintiff and his witness was unchallenged and uncontroverted, as the defendants failed to enter appearance or file a defence...
Source-derived case information.
- Citation
- [2015] KEHC 3161 (KLR)
- Parties
- Plaintiff: Levinous Kaka Omumalakani; Defendant: Jane Nasambu; Defendant: Priscah Nasimiyu; Defendant: Catherine Nyambura
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 156 of 2014
- Procedural Posture
- Land Case / Judgment
- Outcome
- Judgment for the plaintiff as prayed with costs.
- Judges
- SN Mukunya
- Legal Topics
- Vacant Possession, Permanent Injunction, Title to Land, Removal of Structures
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Levinous Kaka Omumalakani
Plaintiff
Jane Nasambu
Defendant
Priscah Nasimiyu
Defendant
Catherine Nyambura
Defendant
Procedural Posture
Land Case / Judgment
Legal Issues
- 1 Whether the plaintiff is entitled to vacant possession of LR No. Bungoma/Naitiri/1907.
- 2 Whether the defendants should be compelled to remove illegal structures from the suit land.
- 3 Whether a permanent injunction should issue restraining the defendants from interfering with the plaintiff’s proprietary rights.
Ratio Decidendi
The court found that the plaintiff lawfully purchased the suit land, obtained the necessary Land Control Board consent, and was issued with a valid title. The evidence presented by the plaintiff and his witness was unchallenged and uncontroverted, as the defendants failed to enter appearance or file a defence despite proper service. The court was satisfied that the plaintiff was entitled to vacant possession, removal of illegal structures, a permanent injunction restraining the defendants from interfering with his proprietary rights, and costs of the suit. The prior tribunal proceedings brought by the defendants had been dismissed, further supporting the plaintiff’s claim. Accordingly,...
Court Disposition
Judgment for the plaintiff as prayed with costs.
Orders
- The defendants, their agents, employees, servants or any other person claiming through them shall give vacant possession of LR No. Bungoma/Naitiri/1907 to the plaintiff.
- The defendants shall remove all illegal structures erected by them on LR No. Bungoma/Naitiri/1907.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUNGOMA
LAND & ENVIRONMENT CASE NO.156 OF 2014
LEVINOUS KAKA OMUMALAKANI…………........…..…………….PLAINTIFF
VERSUS
JANE NASAMBU……….......................……………………….1ST DEFENDANT
PRISCAH NASIMIYU……....………………………………….2ND DEFENDANT
CATHERINE NYAMBURA……………………............………..3RD DEFENDANT
JUDGEMENT
The plaintiff filed this case against the defendants for an order directing the defendants, their agents, employees, servants or any other person claiming through the defendants to give vacant possession of LR No. Bungoma/Naitiri/1907.
He also claims that the defendants do remove all illegal structures erected by them therein.
Further the plaintiff asks for a permanent injunction restraining the plaintiffs by themselves, their agents, employees, servants and any other person from interfering with the plaintiff’s proprietary rights as by Law provided.
They also prayed for costs of the suit.
The defendants were served with summons to enter appearance, plaint and verifying Affidavits and other annextures on 27/8/2014 and return of service by Mr. Stephen Nerima Munyanya is filed in the Court file.
The defendants failed to file appearance and/or defence and this case was fixed for formal proof on 13/5/2015.
The plaintiff in this case told the Court How he purchased the land through an agreement dated 17th January 2011 with mzee Vincent Wanyama.
He said he bought 2 acres for Kshs.630,000/-. The two acres were to be hived from Bungoma/Naitiri/652. He said he attended the relevant Land Control Board and he got his title Bungoma/Naitiri/1907 and a title was issued in his name.
The Court was shown the original copy of the same.
He said that he took possession in 2012 but failed to continue with farming since the seller’s sisters continued to have a dispute with the seller. He went to the land who issued a demand on 23/7/2014 produced in Court as Plaintiff’s Exhibit No.3. He told the Court that there was a land dispute Tribunal No.25 of 2009 between Vincent Wanyama and Catherine Nyambura which was dismissed by the Court on 4/2/2012. Copies of the same were produced in Court as P. Exhibit No.5.
The plaintiff argued the Court to allow his prayers in the plaint.
The plaintiff then called Mr. Vincent Wanyama who told the Court that he stays at Tongareni and is a farmer. He said he knows the plaintiff herein. That he had sold land to him from his parcel number 682. He said he was paid the money. He said that parcel No.682 was his land.
Further that his sisters had been chasing the plaintiff from the land.
He stated that his sisters had land elsewhere. That he subdivided the land and gave the plaintiff his two (2) acres after attending the relevant Land Control Board. He said that his sisters took him to the Land Disputes Tribunal and lost their claims.
Having heard the plaintiff and his witness the Vendor who sold the land to him I am convinced that he purchased the land legally, went to the Land Control Board and obtained the consent to do so.
The evidence of the plaintiff has not been controverted, or challenged in any way. The defendants were properly served and never entered appearance.
I allow the plaintiff’s claim as prayed with costs. It is so ordered.
Dated and Delivered at BUNGOMA this23rdday ofJune,2015
S. MUKUNYA
JUDGE