[2023] KEELC 18665 (KLR)
The court found that the plaintiff had established its case on a balance of probabilities through unchallenged pleadings and documentary evidence. The absence of the defendants, despite due service of hearing notice, entitled the plaintiff to proceed ex-parte. The court relied on Order 12 of the Civil Procedure...
Source-derived case information.
- Citation
- [2023] KEELC 18665 (KLR)
- Parties
- Plaintiff: Miti Limited; Defendant: Abdi Aziz Suleiman; Defendant: Bishar Suleman; Defendant: Nyara Youth Group sued thro, its Chairman; Defendant: Sec. Lands, Ministry of Lands; Defendant: Attorney General
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Isiolo
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 006 of 2021
- Procedural Posture
- Environment and Land Case / Ex Parte Judgment After Defendants Failed to Attend Hearing
- Outcome
- Judgment for the plaintiff; all prayers granted as sought; defendants' counter-claim dismissed.
- Judges
- PM Njoroge
- Legal Topics
- Ownership Disputes, Permanent Injunctions, Eviction Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Miti Limited
Plaintiff
Abdi Aziz Suleiman
Defendant
Bishar Suleman
Defendant
Nyara Youth Group sued thro, its Chairman
Defendant
Sec. Lands, Ministry of Lands
Defendant
Attorney General
Defendant
Procedural Posture
Environment and Land Case / Ex Parte Judgment After Defendants Failed to Attend Hearing
Legal Issues
- 1 Whether the plaintiff is the legal owner of Isiolo Township Block 5/11.
- 2 Whether the defendants should be restrained from trespassing or conducting business on the suit property.
- 3 Whether the plaintiff is entitled to an eviction order against the defendants.
Ratio Decidendi
The court found that the plaintiff had established its case on a balance of probabilities through unchallenged pleadings and documentary evidence. The absence of the defendants, despite due service of hearing notice, entitled the plaintiff to proceed ex-parte. The court relied on Order 12 of the Civil Procedure Rules to justify entering judgment in favour of the plaintiff. The evidence supported the plaintiff's claim to legal ownership of Isiolo Township Block 5/11, and the reliefs sought, including a declaration of ownership, permanent injunction, eviction order, and costs, were granted as prayed. The defendants' counter-claim was dismissed for want of prosecution and lack of attendance.
Court Disposition
Judgment for the plaintiff; all prayers granted as sought; defendants' counter-claim dismissed.
Orders
- Declaration that the plaintiff is the legal owner of Isiolo Township Block 5/11.
- Defendants' counter-claim dismissed.
Full Case Text
Judgment text and source record
29 paragraphs
Miti Limited v Suleiman & 4 others (Environment & Land Case 006 of 2021) [2023] KEELC 18665 (KLR) (10 July 2023) (Judgment)
Neutral citation: [2023] KEELC 18665 (KLR)
Republic of Kenya
In the Environment and Land Court at Isiolo
Environment & Land Case 006 of 2021
PM Njoroge, J
July 10, 2023
Between
Miti Limited
Plaintiff
and
Abdi Aziz Suleiman
1st Defendant
Bishar Suleman
2nd Defendant
Nyara Youth Group sued thro, its Chairman
3rd Defendant
Sec. Lands, Ministry of Lands
4th Defendant
Attorney General
5th Defendant
Judgment
1. All the defendants and all their advocates did not come to court. Having satisfied myself that the hearing Notice had been duly served, I directed that the hearing proceeds ex-parte in the absence of the defendants.
2. Mr Mutunga told the court that the plaintiff was relying on all her pleadings and asked the court to enter Judgement in her favour. He explained that as the defendants were not in court, it was not feasible that the plaintiff would be cross-examined.
3. PW1, Stephen Gathogo Njuguna, told the court that he relied on his pleadings and his exhibits in the list of documents in the court file. He asked the court to grant his prayers as contained in the company’s plaint dated 5th February, 2014. He also asked the court to grant the company costs of the suit. He further asked the court to admit the exhibits in the list of documents.
4. The said documents are admitted as the Plaintiffs Exhibit No. 1 as a bundle.
5. I find that in the absence of all the defendants and all their advocates, and in terms of order 12 of the Civil Procedure Rules which allows the court to proceed with hearing of the suit when the defendants fail or refuse to come to court during the day slated for hearing, the court should enter Judgement in favour of the plaintiff.
6. I issue the following orders;a.It is hereby declared that the plaintiff is the legal owner of the property known as Isiolo Township Block 5/11. b.The defenants’ counter-claim is hereby dismissed.c.An order is hereby issued directing the 4th defendant to issue the Plaintiff’s lease expeditiously.d.An order of permanent injunction is hereby issued restraining the 1st, 2nd and 3rd Defendants, their joint and several agents, servants or beneficiaries from entering upon, trespassing, constructing or conducting business on the plaintiff’s property known as Isiolo Township Block 5/11. e.An order of Eviction is hereby issued against the 1st, 2nd and 3rd defendants, their joint and several agents, servants or beneficiaries from entering upon trespassing, constructing or conducting business on the plaintiff’s property known as Isiolo Township Block 5/11. f.Costs are awarded to the plaintiff.
DELIVERED IN OPEN COURT AT ISIOLO THIS 10TH DAY OF JULY, 2023 IN THE PRESENCE OF:Court Assistant: BaloziMr Mutunga for the Plaintiff.All defendants and their advocates absent.HON. JUSTICE P.M NJOROGEJUDGE