[2023] KEELC 18666 (KLR)
The court found that the plaintiff had established her case on a balance of probabilities, her evidence and documents having been admitted unchallenged due to the defendants' absence. The court relied on Order 12 of the Civil Procedure Rules, which empowers it to proceed ex-parte when defendants fail to attend after...
Source-derived case information.
- Citation
- [2023] KEELC 18666 (KLR)
- Parties
- Plaintiff: Veronica Lewis Molia; Defendant: Ibrahim Jirma; Defendant: Cabinet Sec. Ministry of Lands, County Government of Isiolo; Defendant: Attorney General
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Isiolo
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 18 of 2021
- Procedural Posture
- Environment and Land Case / Ex Parte Judgment After Defendants Failed to Appear
- Outcome
- Judgment for the plaintiff entered ex-parte.
- Judges
- PM Njoroge
- Legal Topics
- Ownership Declaration, Permanent Injunction, Ex Parte Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Veronica Lewis Molia
Plaintiff
Ibrahim Jirma
Defendant
Cabinet Sec. Ministry of Lands, County Government of Isiolo
Defendant
Attorney General
Defendant
Procedural Posture
Environment and Land Case / Ex Parte Judgment After Defendants Failed to Appear
Legal Issues
- 1 Whether the plaintiff is the absolute owner of Parcel No 184 (ISL 11701/9).
- 2 Whether the plaintiff is entitled to a permanent injunction restraining the 1st defendant from interfering with the suit property.
- 3 Whether the plaintiff is entitled to costs of the suit.
Ratio Decidendi
The court found that the plaintiff had established her case on a balance of probabilities, her evidence and documents having been admitted unchallenged due to the defendants' absence. The court relied on Order 12 of the Civil Procedure Rules, which empowers it to proceed ex-parte when defendants fail to attend after due service. The plaintiff's ownership of Parcel No 184 (ISL 11701/9) was thus declared, and a permanent injunction was issued to restrain the 1st defendant from interfering with the property. Costs were awarded to the plaintiff against all defendants jointly and severally.
Court Disposition
Judgment for the plaintiff entered ex-parte.
Orders
- It is hereby declared that the plaintiff is owner of Parcel No 184 (ISL 11701/9) absolutely.
- A permanent injunction is hereby issued restraining the 1st defendant from entering, interfering and/or dealing in any way with the plaintiff's Parcel of land No 184 (ISL 11701/9).
Full Case Text
Judgment text and source record
25 paragraphs
Molia v Jirma & 2 others (Environment & Land Case 18 of 2021) [2023] KEELC 18666 (KLR) (10 July 2023) (Judgment)
Neutral citation: [2023] KEELC 18666 (KLR)
Republic of Kenya
In the Environment and Land Court at Isiolo
Environment & Land Case 18 of 2021
PM Njoroge, J
July 10, 2023
Between
Veronica Lewis Molia
Plaintiff
and
Ibrahim Jirma
1st Defendant
Cabinet Sec. Ministry of Lands, County Government of Isiolo
2nd Defendant
Attorney General
3rd 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. Miss Nyaga told the court that the plaintiff was relying on all her pleadings and asked the court to enter Judgement in her favour. She explained that as the defendants were not in court, it was not feasible that the plaintiff would be cross-examined.
3. PW1, Veronica Lewis Molia, told the court that she relied on her pleadings and her exhibits in the list of documents in the court file. She asked the court to grant her prayers as contained in her plaint dated 5th February, 2014. She also asked the court to grant her costs of the suit. She 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
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 owner of Parcel No 184 (ISL 11701/9) absolutely.b.A permanent injunction is hereby issued restraining the 1st defendant from entering, interfering and/or dealing in any way with the plaintiffs Parcel of land No 184 (ISL 11701/9).c.Costs are awarded to the plaintiff against the defendants jointly and severally.
DELIVERED IN OPEN COURT AT ISIOLO THIS 10TH DAY OF JULY, 2023 IN THE PRESENCE OF;HON. JUSTICE P. M NJOROGEJUDGECourt Assistant: BaloziMiss Nyame for the Plaintiff.All Defendants and all Advocates Absent.