[2018] KEELC 645 (KLR)
The court found that the plaintiff had produced sufficient documentary evidence to prove ownership of the suit land, including the original title deed and supporting documents. The defendants, having been duly served, failed to enter appearance or defend the suit. The court held that the plaintiff had established...
Source-derived case information.
- Citation
- [2018] KEELC 645 (KLR)
- Parties
- Plaintiff: Michael Wafula; Defendant: David Ongeri Angweyi; Defendant: Anori Barasa Manyorori; Defendant: Francis Ashoya Anyango; Defendant: Fred Wafula Francis
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 68 of 2017
- Procedural Posture
- Land Case / Judgment
- Outcome
- Judgment for the plaintiff. Eviction order granted. Costs awarded to the plaintiff.
- Judges
- FM Njoroge
- Legal Topics
- Eviction, Title to Land, Possession, Uncontested Claim
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Michael Wafula
Plaintiff
David Ongeri Angweyi
Defendant
Anori Barasa Manyorori
Defendant
Francis Ashoya Anyango
Defendant
Fred Wafula Francis
Defendant
Procedural Posture
Land Case / Judgment
Legal Issues
- 1 Whether the plaintiff is the lawful owner of land parcel Kiminini/Matunda Block 10/Matunda/37.
- 2 Whether the defendants are unlawfully occupying the suit land and should be evicted.
- 3 Whether the plaintiff is entitled to costs of the suit.
Ratio Decidendi
The court found that the plaintiff had produced sufficient documentary evidence to prove ownership of the suit land, including the original title deed and supporting documents. The defendants, having been duly served, failed to enter appearance or defend the suit. The court held that the plaintiff had established his case on a balance of probabilities and was entitled to the orders sought. The absence of opposition and the clear evidence of ownership justified the grant of eviction orders and costs against the defendants.
Court Disposition
Judgment for the plaintiff. Eviction order granted. Costs awarded to the plaintiff.
Orders
- The defendants, their families, servants, agents, or any other persons acting or claiming interest through them shall remove themselves and their property from land parcel Kiminini/Matunda Block 10/Matunda/37 at their own cost, failing which they shall be forcibly evicted.
- The defendants shall bear the costs of the suit.
Full Case Text
Judgment text and source record
34 paragraphs
REPUBLIC OF KENYA
ENVIRONMENT AND LAND COURT AT KITALE
LAND CASE NO. 68 OF 2017
MICHAEL WAFULA......................................................PLAINTIFF
VERSUS
DAVID ONGERI ANGWEYI...............................1ST DEFENDANT
ANORI BARASA MANYORORI.......................2ND DEFENDANT
FRANCIS ASHOYA ANYANGO........................3RD DEFENDANT
FRED WAFULA FRANCIS.................................4TH DEFENDANT
J U D G M E N T
1. In the plaint dated 23rd March, 2017 and filed in court on 11th April, 2017 the plaintiff seeks the following prayers:-
(a)An order of eviction to remove the defendants, their families, servants and/or agents and/or any other person (s) acting or claiming interest through them from land parcel Kiminini/Matunda Block 10/Matunda/37 together with all and/or any of their structures being thereon at their own cost.
(b)Costs and interest thereon.
(c) Any other appropriate relief this honourable court may deem fit to grant.
2. The hearing of this suit took place on 11/10/2018after the court became satisfied that service of plaint and summons had been effected upon the defendants, for the sworn affidavit of George Mumali a court process server dated 20th June, 2017 had been filed in the court record, showing that service of the summons to enter appearance, plaint and other documents in the suit was effected upon the defendants on 09/5/2017. The defendants never filed memorandum of appearance on 12/6/2017 through Ms. Simiyu Wafula & Co. Advocates. The defendants never appeared at the hearing when this case was listed for formal proof.
3. The plaintiff alone testified in the suit. I have considered his oral and documentary evidence. He produced the original title for plot numberKiminini/Matunda Block 10/Matunda/37issued in his name. He also produced a clearance certificate and an original survey fees receipt from Mt Elgon Investment Limited, Matunda Farm, also issued in his name.
4. The plaintiff’s claim is unopposed. I find that the plaintiff has established his case on a balance of probabilities. Consequently, I enter judgment for the plaintiff against the defendants jointly and severally and issue the following orders:
(a)The defendants, their families, servants and/or agents and/or any other person(s) acting or claiming interest through them over land parcel Kiminini/Matunda Block 10/Matunda/37 shall remove themselves and their property from the suit land that is Kiminini/Matunda Block 10/Matunda/37 at their own cost and in default they shall be forcibly evicted therefrom.
(b) The defendants shall bear the costs of this suit
It is so ordered.
Dated, signed and delivered at Kitale on this 26th day of November, 2018.
MWANGI NJOROGE
JUDGE
26/11/2018
Coram:
Before Hon. Mwangi Njoroge, Judge
Court Assistant - Picoty
Mr. Kibii holding brief for Ngeywa for plaintiff
N/A for the defendants
COURT
Judgment read in open court.
MWANGI NJOROGE
JUDGE
26/11/2018