[2021] KEELC 3151 (KLR)
The court found that the plaintiff had established, on a balance of probabilities, that he is the lawful owner of the suit land Lelan/Kaptalamwa/123 and that the defendants had trespassed onto the land, refused to observe the boundaries, and erected illegal structures. The defendants, having been served, failed to...
Source-derived case information.
- Citation
- [2021] KEELC 3151 (KLR)
- Parties
- Plaintiff: Moses Kimaiyo Kipsang; Defendant: George Kiprotich Kirui; Defendant: Joyce Koech; Defendant: Dominic Kiprotich
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 72 of 2019
- Procedural Posture
- Land Case / Judgment
- Outcome
- Judgment for the plaintiff.
- Legal Topics
- Land Ownership, Trespass, Injunctions, Eviction Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Moses Kimaiyo Kipsang
Plaintiff
George Kiprotich Kirui
Defendant
Joyce Koech
Defendant
Dominic Kiprotich
Defendant
Procedural Posture
Land Case / Judgment
Legal Issues
- 1 Whether the plaintiff is the lawful owner of Lelan/Kaptalamwa/123.
- 2 Whether the defendants have trespassed on the plaintiff's land.
- 3 Whether the plaintiff is entitled to an injunction and eviction orders against the defendants.
Ratio Decidendi
The court found that the plaintiff had established, on a balance of probabilities, that he is the lawful owner of the suit land Lelan/Kaptalamwa/123 and that the defendants had trespassed onto the land, refused to observe the boundaries, and erected illegal structures. The defendants, having been served, failed to file any defence or appear in court, and the plaintiff's evidence was uncontroverted. The court therefore granted judgment in favour of the plaintiff as prayed in the plaint, including an injunction restraining the defendants from interfering with the land, an order of eviction, and demolition of illegal structures.
Court Disposition
Judgment for the plaintiff.
Orders
- An injunction restraining the defendants jointly and severally from interfering with Lelan/Kaptalamwa/123.
- An order of eviction against the defendants and their agents from Lelan/Kaptalamwa/123.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT KITALE
LAND CASE NO. 72 OF 2019
MOSES KIMAIYO KIPSANG......................................PLAINTIFF
VERSUS
GEORGE KIPROTICH KIRUI.........................1ST DEFENDANT
JOYCE KOECH………………………………2ND DEFENDANT
DOMINIC KIPROTICH..................................3RD DEFENDANT
JUDGMENT
The plaintiff filed this suit vide a plaint dated 3/12/2019 and sought an injunction against the defendants jointly and severally restraining them from in any manner interfering with the suit land and an order of eviction from the suit land of the defendants and their agents, servants, employees or any other person claiming through them and demolition of all illegal structures erected thereon. He also sought a declaration that he is the lawful owner of the suit land which is described as Lelan/Kaptalamwa/123,costs of the suit and interest. The defendants though served never filed their appearance or defence and the suit proceeded to hearing ex-parte. The plaintiff alone testified in his case and adopted his written witness statement dated 3/12/2019 as his evidence-in-chief. I have considered the pleadings and the evidence and the filed submissions. From the pleadings evidence and submissions, it is clear that the defendants appear to know the full extent and the proper boundary of the plaintiff’s parcel but they are not willing to observe and keep to the boundary and have trespassed on the plaintiff’s land as claimed. I find that the plaintiff has established his claim against the defendants on a balance of probabilities. Consequently, I enter judgment in the plaintiff’s favour against the defendants jointly and severally as prayed in prayers nos (a), (b)and(c) of the plaint dated 3/12/2019.
Dated, signedanddeliveredatKitale via electronic mail on this 25thday of May, 2021.
MWANGI NJOROGE
JUDGE, ELC, KITALE.