[2017] KEELC 1320 (KLR)
The court found that the plaintiff, as a beneficiary and administrator of the estate of Sindani Siamukoya, was entitled to 2½ acres of LR Bokoli/Chwele/79 as confirmed by the grant in Bungoma Succession Cause No. 284 of 2013. The defendant, not being a beneficiary or entitled person under the grant, had no lawful...
Source-derived case information.
- Citation
- [2017] KEELC 1320 (KLR)
- Parties
- Plaintiff: Manea Nasike Sindani; Defendant: Julius Kuchikhi
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 16 of 2017
- Procedural Posture
- Land and Environment Case / Judgment
- Outcome
- Plaintiff's claim allowed; eviction order granted.
- Legal Topics
- Succession Rights, Eviction, Land Ownership, Administration of Estates
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Manea Nasike Sindani
Plaintiff
Julius Kuchikhi
Defendant
Procedural Posture
Land and Environment Case / Judgment
Legal Issues
- 1 Whether the plaintiff is entitled to 2½ acres of LR Bokoli/Chwele/79 as a beneficiary of the deceased's estate.
- 2 Whether the defendant has any lawful claim to remain on the plaintiff's portion of land.
- 3 Whether the plaintiff is entitled to an order of eviction against the defendant.
Ratio Decidendi
The court found that the plaintiff, as a beneficiary and administrator of the estate of Sindani Siamukoya, was entitled to 2½ acres of LR Bokoli/Chwele/79 as confirmed by the grant in Bungoma Succession Cause No. 284 of 2013. The defendant, not being a beneficiary or entitled person under the grant, had no lawful claim to the land. The court held that continued occupation by the defendant was unlawful and ordered his eviction, granting the plaintiff the reliefs sought in her plaint.
Court Disposition
Plaintiff's claim allowed; eviction order granted.
Orders
- The defendant shall vacate and move out of the plaintiff's 2½ acres in LR Bokoli/Chwele/79 within 30 days from the date of judgment.
- If the defendant fails to vacate within 30 days, he shall be forcibly evicted by the plaintiff and Court broker with the assistance of the O.C.S. Chwele police station.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA.
IN THE HIGH COURT OF KENYA AT BUNGOMA.
ELC. CASE NO. 16 OF 2017.
MANEA NASIKE SINDANI……...PLAINTIFF
VERSUS.
JULIUS KUCHIKHI……………DEFENDANT
JUDGMENT.
[1] The plaintiff in this case is the daughter of Sindani Siamukoya Deceased who died in 1980. The said Siamukoya was the registered owner of the land parcel No. Bokoli/Chwele/79. A Succession Cause was filed for the Letters of Administration of the estate of the said Sindani Siamukoya vide Bungoma Succession Cause No. 284 of 2013. The plaintiff was appointed as the administrator of the estate. Later, the heirs and their shares were identified. The plaintiff was entitled to 2½ acres. She claims that the defendant who was not a heir or a person entitled has refused to move out of her portion of 2½ acres. That the entire land of the deceased has been subdivided and everyone knows her portion on the ground.
The defendant only claim to the portion is that he has been on the land since 1981 and therefore he asserts that he will not move out of the land. A copy of the confirmation of Grant produced in Court by the High Court in Bungoma, shows the heirs and their respective shares. It confirms the evidence and assertion of the Plaintiff.
[2] The defendant has no reasonable claim to be on the 2½ acres given to the defendant in LR Bokoli/Chwele/79. The plaintiff has proved her case. I grant her the prayers in her plaint. I do order the eviction of the defendant from the suit land forthwith. The defendant shall move out and vacate the land within 30 days from the date hereof failing which he will be forcibly evicted by the plaintiff and Court broker with the help of the O.C.S. Chwele police station. The plaintiff shall have the costs of this suit.
Datedat Bungoma this 4th day of October, 2017.
S. MUKUNYA
JUDGE.
In the presence of:
Court Assistant: Gladys/Joy
Plaintiff - Present
Defendant - Present