[2013] KEHC 4902 (KLR)
The court found that the plaintiff had proved, on a balance of probabilities, that she is the registered proprietor of the suit properties, having inherited and lawfully subdivided them. The defendants, having failed to participate or present any claim, had no legal right to occupy the land. The plaintiff's...
Source-derived case information.
- Citation
- [2013] KEHC 4902 (KLR)
- Parties
- Plaintiff: Mary Cheptoo Sote; Defendant: Samson C. Barnawach; Defendant: David K. Chepsoi
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Civil Case 114 of 2012
- Procedural Posture
- Civil Case / Judgment
- Outcome
- Judgment for the plaintiff. Orders for vacant possession, eviction, permanent injunction, and costs.
- Legal Topics
- Ownership Dispute, Eviction, Title Deeds, Injunctive Relief
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mary Cheptoo Sote
Plaintiff
Samson C. Barnawach
Defendant
David K. Chepsoi
Defendant
Procedural Posture
Civil Case / Judgment
Legal Issues
- 1 Whether the plaintiff is the registered proprietor of the suit properties and entitled to possession.
- 2 Whether the defendants have any legal right to occupy the suit properties.
- 3 Whether the plaintiff is entitled to orders of eviction and injunction against the defendants.
Ratio Decidendi
The court found that the plaintiff had proved, on a balance of probabilities, that she is the registered proprietor of the suit properties, having inherited and lawfully subdivided them. The defendants, having failed to participate or present any claim, had no legal right to occupy the land. The plaintiff's documentary evidence, including title deeds and certificates of official search, established her ownership. The court confirmed the default judgment and granted orders for vacant possession, eviction, and a permanent injunction restraining the defendants from interfering with the plaintiff's quiet possession. Costs were awarded to the plaintiff.
Court Disposition
Judgment for the plaintiff. Orders for vacant possession, eviction, permanent injunction, and costs.
Orders
- Defendants to give vacant possession of the suit properties forthwith and not later than 15 days from service of the order, failing which the plaintiff may seek police assistance for eviction.
- Upon eviction, defendants are restrained by injunction from entering or interfering with the plaintiff’s quiet possession of the three parcels.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
High Court at Nakuru
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MARY CHEPTOO SOTE.………………………………………………PLAINTIFF
VERSUS
SAMSON C. BARNAWACH……………………………………...1ST DEFENDANT
DAVID K. CHEPSOI………………………………………………2ND DEFENDNT
JUDGMENT
The plaintiff, an old lady about 60 years old jointly with her late mother owned KAMPI YA MOTO/KAMPI YA MOTO BLOCK 1/27 measuring approximately 6. 475Ha. Upon the death of her mother, she obtained a grant of representation of her estate. Subsequently, she subdivided the property into KAMPI YA MOTO/KAMPI YA MOTO BLOCKS 1/1031, 1033 and 1034 measuring 2. 428Ha, 0. 4046Ha and 0. 4046Ha, respectively
Without any colour of right, the defendants have invaded the suit properties denying the applicant the use of her property thereby occasioning her loss and damage. Instead she has been attacked viciously and sustained fairly serious injuries. She forgave the defendants for this yet they have flatly refused to vacate the parcels of land in question.
Despite service with the pleadings and the hearing notice, the defendants have elected not to participate in these proceedings resulting in judgment in default being entered against them.
In her testimony, the plaintiff has shown on a balance of probability that she is presently the registered proprietor of the suit properties. She has produced documents tracing the history of the properties from the days before the subdivision when it was held jointly by her and her late mother; how she obtained letters of administration before subdividing the original parcel into three. She has annexed copies of title deeds and certificates of official search to confirm her ownership of those properties. She has satisfied the court that the defendants have no right to be on the two parcels of land. Indeed the defendants have placed no such claim before the court.
For these reasons, judgment entered against the defendants is confirmed and they are ordered:
i)to give vacant possession forthwith and in any case not later than 15 days from the date of service with this order failing which the plaintiff may seek from court the assistance of the police to evict them; going by the previous experience when she was attacked;
ii)upon being evicted, the defendants will be restrained by an injunction from entering the suit properties or interfering with the plaintiff’s quiet possession of the three parcels.
Costs awarded to the plaintiff.
Dated and Signed at Nakuru this 4th day of February, 2013
W. OUKO
JUDGE
Dated, Signed and Delivered at Nakuru this 12th day of February, 2013 by Hon. Justice M. J. Anyara Emukule.
JUDGE